Administration of the Conjugal Partnership Property
(Articles 124 to 128)

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Art. 124. The administration and enjoyment of the conjugal partnership shall belong to . In case of disagreement, the shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision.

In the event that one spouse is or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume . These powers do not include without authority of the court or the of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be . However, the transaction shall be construed as a on the part of the and the third person, and may be perfected as a upon the acceptance by the other spouse or before the offer is withdrawn by either or both offerors.

Art. 125. Neither spouse may any conjugal partnership property without the consent of the other. However, either spouse may, without the consent of the other, make from the conjugal partnership property for charity or on occasions of or family distress.

Section 6. Dissolution of Conjugal Partnership Regime

Art. 126. The conjugal partnership terminates:

(1) Upon the death of ;

(2) When there is a decree of ;

(3) When the marriage is ; or

(4) In case of during the marriage under Articles 134 to 138.

Art. 127. The between husband and wife shall not affect the regime of conjugal partnership, except that:

(1) The spouse who leaves the conjugal home or , without just cause, shall not have the ;

(2) When the of one spouse to any transaction of the other is required by law, shall be obtained in a summary proceeding;

(3) In the absence of , the separate property of both spouses shall be for the support of the family.

The spouse present shall, upon petition in a summary proceeding, be given judicial authority to any specific separate property of the other spouse and use the fruits or proceeds thereof to .

Art. 128. If a spouse without just cause abandons the other or fails to comply with his or her obligation to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property, or for of the conjugal partnership property, subject to such precautionary conditions as the court may impose.

The obligations to the family mentioned in the preceding paragraph refer to .

A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling . The spouse who has left the conjugal dwelling for a period of or has failed within the same period to give any information as to his or her whereabouts shall be to have no intention of returning to the conjugal dwelling.

Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com