When
shall the system of absolute community of property between spouses commence?
The
absolute community of property between spouses shall commence at the precise
moment that the marriage is celebrated. Any stipulation, express or implied,
for the commencement of the community regime at any other time shall be
void.
Can waiver of rights, interests, shares and
effects of the absolute community of property be made during the marriage?
No
waiver of rights, shares and effects of the absolute community of property
during the marriage can be made except in case of judicial separation of
property.
When the waiver takes place upon a judicial
separation of property, or after the marriage has been dissolved or annulled,
the same shall appear in a public instrument and shall be recorded as provided
in Article 77. The creditors of the spouse who made such waiver may petition
the court to rescind the waiver to the extent of the amount sufficient to cover
the amount of their credits.
What rules shall apply to the absolute community
of property between the spouses in all matters not provided for in the chapter
of the FC on the system of absolute community of property?
The provisions
on co-ownership shall apply to the absolute community of property between the
spouses in all matters not provided for in this Chapter.
Under the system of absolute community of properties, what
properties are included in the community?
Unless
otherwise provided in this Chapter or in the marriage settlements, the
community property shall consist of all the property owned by the spouses at
the time of the celebration of the marriage or acquired thereafter.
What properties are excluded?
The
following shall be excluded from the community property:
(1) Property acquired during the marriage by gratuitous title
by either spouse, and the fruits as well as the income thereof, if any, unless
it is expressly provided by the donor, testator or grantor that they shall form
part of the community property;
(2) Property for personal and exclusive use of either spouse.
However, jewelry shall form part of the community property;
(3) Property acquired before the marriage by either spouse
who has legitimate descendants by a former marriage, and the fruits as well as
the income, if any, of such property.
What presumption is applied as to the nature of property
acquired during marriage?
Property
acquired during the marriage is presumed to belong to the community, unless it
is proved that it is one of those excluded therefrom.
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