Section 6. Liquidation of the Absolute
Community Assets
and Liabilities
Article 102. Upon
dissolution of the absolute community regime, the following procedure shall
apply:
(1) An
inventory shall be prepared, listing separately all the properties of the absolute
community and the exclusive properties of each spouse.
(2) The
debts and obligations of the absolute community shall be paid out of its
assets. In case of insufficiency of said assets, the spouses shall be
solidarily liable for the unpaid balance with their separate properties in
accordance with the provisions of the second paragraph of Article 94.
(3) Whatever
remains of the exclusive properties of the spouses shall thereafter be
delivered to each of them.
(4) The
net remainder of the properties of the absolute community shall constitute its
net assets, which shall be divided equally between husband and wife, unless a
different proportion or division was agreed upon in the marriage settlements,
or unless there has been a voluntary waiver of such share as provided in this
Code. For purposes of computing the net profits subject to forfeiture in
accordance with Articles 43, No. (2) and 63, No. (2), the said profits shall be
the increase in value between the market value of the community property at the
time of the celebration of the marriage and the market value at the time of its
dissolution.
(5) The
presumptive legitimes of the common children shall be delivered upon partition,
in accordance with Article 51.
(6) Unless
otherwise agreed upon by the parties, in the partition of the properties, the
conjugal dwelling and the lot on which it is situated shall be adjudicated to
the spouse with whom
Separate listing of:
Ø Absolute community
Ø Exclusive properties of each spouse
Payment of Debts and Obligations of the Absolute Community
Ø Absolute community assets; and
Ø If insufficient, the separate
properties (solidarily)
The
rule of forfeiture is that the absolute community of property or the conjugal
partnership, as the case may be, shall be dissolved and liquidated, but if
either spouse contracted said marriage in bad faith, his or her share of the
net profits of the community property or conjugal partnership property shall be
forfeited in favor of the common children or, if there are none, the children
of the guilty spouse by a previous marriage or in default of children, the
innocent spouse.
Another
rule is that the absolute community or the conjugal partnership shall be
dissolved and liquidated but the offending spouse shall have no right to any share
of the net profits earned by the absolute community or the conjugal
partnership, which shall be forfeited in accordance with the provisions of
Article 63(2) of the Family Code.
Sources:
Family Code of the Philippines by Albano
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