Title IV Chapter 6: Regime of Separation of Property | Family Code of the Philippines

Title IV Chapter 6: Regime of Separation of Property | Family Code of the Philippines

TITLE IV FAMILY CODE OF THE PHILIPPINES – We are going to know about Chapter 6 of Title IV of the Family Code of the Philippines.

TITLE IV FAMILY CODE OF THE PHILIPPINES

The Family Code of the Philippines of 1987 was enacted into law by the 11th President of the Philippines Maria Corazon Cojuangco Aquino.

The EO was meant to supplant Book I of the Civil Code which concerns persons and family relations. Work on the said law began in 1979 and was drafted by two successive committees, with the first chaired by Supreme Court Justice Romero, and the second by former Supreme Court Justice J.B.L. Reyes.

EO 209 covers fields significant public interest, which also includes the laws on marriage.

Contents

The sixth chapter of Title IV in the Family Code of the Philippines is entitled Regime of Separation of Property. Here they are, according to this website:

Article 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)

Article 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)

Article 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)

Article 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).

READ ALSO: Title IV Chapter 5: Separation of Property of the Spouses and Administration of Common Property by One Spouse During the Marriage

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