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    Article 485. The Share of The Co-Owners, in The Benefits As Well As in The Charges

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    Arrianne Obias
    This document discusses property relations between husbands and wives under Philippine law, specifically: 1) For marriages before 1988, separate and conjugal property rules applied where each spouse maintained exclusive ownership over property owned prior to marriage and jointly owned property acquired during marriage. 2) For marriages after 1988, absolute community property rules apply where all property acquired before and during marriage by either spouse is considered conjugal property jointly owned, excluding some gifts, inheritances, and assets from prior marriages. 3) Upon end of marriage, conjugal property acquired before 1988 is returned to exclusive ownership while conjugal property acquired after 1988 is divided equally between spouses. Co-owners can freely dispose of their share of common property without consent

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    Article 485. The Share of The Co-Owners, in The Benefits As Well As in The Charges

    Uploaded by

    Arrianne Obias
    86 views2 pages
    This document discusses property relations between husbands and wives under Philippine law, specifically: 1) For marriages before 1988, separate and conjugal property rules applied where each spouse maintained exclusive ownership over property owned prior to marriage and jointly owned property acquired during marriage. 2) For marriages after 1988, absolute community property rules apply where all property acquired before and during marriage by either spouse is considered conjugal property jointly owned, excluding some gifts, inheritances, and assets from prior marriages. 3) Upon end of marriage, conjugal property acquired before 1988 is returned to exclusive ownership while conjugal property acquired after 1988 is divided equally between spouses. Co-owners can freely dispose of their share of common property without consent

    Original Title

    Property Relation

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    This document discusses property relations between husbands and wives under Philippine law, specifically: 1) For marriages before 1988, separate and conjugal property rules applied where each spouse maintained exclusive ownership over property owned prior to marriage and jointly owned property acquired during marriage. 2) For marriages after 1988, absolute community property rules apply where all property acquired before and during marriage by either spouse is considered conjugal property jointly owned, excluding some gifts, inheritances, and assets from prior marriages. 3) Upon end of marriage, conjugal property acquired before 1988 is returned to exclusive ownership while conjugal property acquired after 1988 is divided equally between spouses. Co-owners can freely dispose of their share of common property without consent

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    86 views2 pages

    Article 485. The Share of The Co-Owners, in The Benefits As Well As in The Charges

    Uploaded by

    Arrianne Obias
    This document discusses property relations between husbands and wives under Philippine law, specifically: 1) For marriages before 1988, separate and conjugal property rules applied where each spouse maintained exclusive ownership over property owned prior to marriage and jointly owned property acquired during marriage. 2) For marriages after 1988, absolute community property rules apply where all property acquired before and during marriage by either spouse is considered conjugal property jointly owned, excluding some gifts, inheritances, and assets from prior marriages. 3) Upon end of marriage, conjugal property acquired before 1988 is returned to exclusive ownership while conjugal property acquired after 1988 is divided equally between spouses. Co-owners can freely dispose of their share of common property without consent

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    © All Rights Reserved
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    Title IV

    Property Relations Between Husband and Wife

    I. Civil Code
    a. Marriages took place before Aug 3, 1988
    b. CONJUGAL PARTNERSHIP OF GAINS
    i. EXCLUSIVE OWNERSHIP
    ii. His is His
    iii. Her is Her
    iv. UPON MARRIAGE, Fruits of the separate properties form part of the CONJUGAL
    PROPERTY which they become CO-OWNERS
    v. Should the union END, the exclusive properties GO BACK to being SOLELY
    OWNED
    vi. Both can dispose their exclusive properties even WITHOUT CONSENT from the
    other party
    vii. Anything that will be earned by the separated properties will also no longer be
    considered conjugal
    viii. While properties acquired during the marriage is considered conjugal, thus
    mutual consent is required for their disposal.

    II. CO-OWNERSHIP
    a. Article 484. There is co-ownership whenever the ownership of an undivided thing or
    right belongs to different persons. In default of contracts, or of special provisions, co-
    ownership shall be governed by the provisions of this Title.
    b. Article 485. The share of the co-owners, in the benefits as well as in the charges,
    shall be proportional to their respective interests. Any stipulation in a contract to the
    contrary shall be void. The portions belonging to the co-owners in the co-ownership
    shall be presumed equal, unless the contrary is proved.
    c. We uphold the right of Valentina and Valeriana to thereby alienate their
    pro indiviso shares to Sebastian and Tarcila even without the knowledge
    or consent of their co-owner Cornelio because the alienation covered the
    disposition of only their respective interests in the common property.
    According to Article 493 of the Civil Code, each co-owner "shall have the
    full ownership of his part and of the fruits and benefits pertaining thereto,
    and he may therefore alienate, assign or mortgage it, and even substitute
    another person in its enjoyment, except when personal rights are
    involved," but "the effect of the alienation or the mortgage, with respect
    to the co-owners, shall be limited to the portion which may be allotted to
    him in the division upon the termination of the co-ownership." Hence, the
    petitioners as the successors-in-interest of Cornelio could not validly assail
    the alienation by Valentina and Valeriana of their shares in favor of the
    respondents

    III. FAMILY CODE


    a. E.O. 209 of the FAMILY CODE OF THE PHILIPPINES
    i. Marriages ON of ANYTIME AFTER August 3, 1988
    ii. ABSOLUTE COMMUNITY of PROPERTY will govern
    iii. ALL PROPERTIES whether acquired BEFORE OR DURING MARRIAGE are
    COSIDERED CONJUGAL
    iv. EXCLUDED are those acquired by gratuitous title inherited or donated), personal
    properties (jewelries) and properties from former marriage with children
    (exclusive)
    v. In the event Marriage END – conjugal properties are divided EQUALLY among
    them

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