Regime
of complete separation of property; rules
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
(Art. 143, FC)
Kinds of separation of property
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 (Art. 144, FC).
Who has the ownership, administration and usufruct of those
properties which are considered separate?
The ownership, administration and usufruct of
those properties which are considered separate pertain to the spouse to whom
they belong.
Rights of each spouse over his/her property
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 (Art. 145, FC).
Who shall be liable for family expenses?
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 (Art. 146, FC).
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