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Regime of Separation of Property

What is the Regime of Separation of Property?

The Regime of Separation of Property governs that each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of consent of the other. In this regime, each spouse shall belong all earnings from his/her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property.

Art. 143. Should the future spouses agree in the marriage settlements that their property relations during marriage shall be governed by the regime of separation of property, the provisions of this Chapter shall be suppletory. (212a)

What are the obligations chargeable to separate property?

  1. Support of illegitimate children of either spouse;
  2. Liabilities by reason of crime or quasi-delict;
  3. Expenses of litigation if found to be groundless;
  4. Losses in any game of chance;
  5. Debts contracted during the marriage (contracted without the consent of one spouse and which did not benefit the family);
  6. Ante-nuptial debt which did not benefit the family;
  7. Taxes incurred on a separate property which is not used by the family;
  8. Expenses incurred during the marriage on a separate property ifnot for its preservation; and the property is not used by the family.

The following provisions of the Family Code shall also govern the separate properties of each spouse:

Art. 144. Separation of property may refer to present or future property or both. It may be total or partial. In the latter case, the property not agreed upon as separate shall pertain to the absolute community. (213a)

Art. 145. Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other. To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property. (214a)

Art. 146. Both spouses shall bear the family expenses in proportion to their income, or, in case of insufficiency or default thereof, to the current market value of their separate properties.The liabilities of the spouses to creditors for family expenses shall, however, be solidary. (215a)

References:

Family Code of the Philippines [Executive Order No. 209]

Jurado, D. (1999). Civil Law Reviewer. Quezon City: Rex Printing Company, Inc.

Sta. Maria, M. (2010). Persons and Family Relations Law. Quezon City: Rex Printing Company, Inc.

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