Absolute Community of Property Termination Family Code Article 99. The absolute community shall terminate: 1.

Upon death of the either spouse 2. When there is a decree of legal separation 3. When the marriage is annulled or declared void; 4. In the case of judicial separation of property during the marriage DISSOLUTION of community property Termination of community property does not necessarily mean termination of the marriage. But the termination of the marriage simultaneously results in the dissolution in the community property. After the dissolution comes the liquidation and partition. DEATH of either spouse- death of either spouse terminates the marriage. Civil personality is extinguished by death (Article 42 of the Civil Code). In Article 103, it provides that upon the termination of the marriage by death, the community of property shall be liquidated in the same proceeding as the settlement of the estate of the deceased. LEGAL SEPARATION decree one of the effects of a legal separation decree is that the absolute community of property or conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share in the net profits earned by the absolute community or the conjugal partnership of property, which shall be forfeited. (Article 43 par. 2). However, upon reconciliation of the parties may agree to revive the property regime, subject to Article 67. ANNULMENT DECREE a consequence of the declaration of annulment decree, the absolute community of property shall be dissolved and liquidated, but if either spouse acted in bad faith, their share in the net profits will be forfeited in favor of their common children, or if there be none, the children of the guilty spouse, or in default of children, the innocent spouse. (Article 43) NULLITY DECREE as a general rule, there is no absolute community regime in a void marriage. Articles 147 or 148 govern a void marriage. Article 147 is applicable in case where a man and a woman who capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage.

Article 147. (please ko I link ni Anj sa Article 147 sa preceding par. Thanks! ) When a man and a woman who are capacitated to marry each other, live

exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership. In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former's efforts consisted in the care and maintenance of the family and of the household. Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation. When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.
JUDICIAL SEPARATION of property Judicial separation of property may be voluntary or involuntary. If its voluntary, the parties can file the agreement for separation of property in court to obtain the necessary court approval. (Article 136). The parties may likewise revive their former property regime upon reconciliation, but once revived, it can never again be granted voluntary separation. (Article 141 [7]). The involuntary judicial separation needs sufficient cause and must likewise have court approval.

Procedure for dissolution Article 102. Upon dissolution of the absolute community of 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 provision of the second paragraph of Article 94;

3. Whatever remains of the exclusive property of the spouses shall thereafter be delivered to each of them;

4. The net remainder of the properties of the absolute community of properties

shall constitute its net assets, which shall be divided equally between husband and wife, unless a different proportion is agreed upon the marriage settlements, or unless there has been a voluntary waiver of such share as provided in this Code. For purpose 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 the majority of the common children choose to remain. Children below the age of seven years are deemed to have chosen the mother, unless the court has decided otherwise. In case there in no such majority, the court shall decide, taking into consideration the best interests of said children. INVENTORY all properties or assets at the time of the dissolution, whether belonging to the absolute community or the separate property of the spouses, must be inventoried. They must be itemized and usually valued. If the process takes a long time and the values have suffered some alterations, there is nothing to prevent a new valuation when the last stage is reached. DELIVERY OF PRESUMPTIVE LEGITIMES the presumptive is delivered only after the finality of a judicial decree of annulment on the grounds provided in Article 45 or of nullity of a subsequent void marriage under Article 40 in relations to Articles 50 and 53.