Liquidation of the Conjugal Partnership Assets and Liabilities
(Articles 129 to 133)

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Art. 129. Upon the dissolution of the conjugal partnership regime, the following procedure shall apply:

(1) An shall be prepared, listing separately all the properties of the conjugal partnership and the .

(2) Amounts advanced by the conjugal partnership in payment of of either spouse shall be to the conjugal partnership as an thereof.

(3) Each spouse shall be reimbursed for the in the acquisition of property or for the of his or her exclusive property, the of which has been vested by law in the conjugal partnership.

(4) The debts and obligations of the conjugal partnership shall be . In case of insufficiency of said assets, the spouses shall be for the unpaid balance with their , in accordance with the provisions of paragraph (2) of Article 121.

(5) Whatever of the exclusive properties of the spouses shall thereafter be to each of them.

(6) Unless the owner had been , the loss or used for the benefit of the family, belonging to either spouse, even due to , shall be paid to said spouse from the conjugal funds, if any.

(7) The net remainder of the conjugal partnership properties shall constitute the profits, which shall be , unless a different proportion or division was agreed upon in the marriage settlements or unless there has been a of such share as provided in this Code.

(8) The of the common children shall be delivered upon the partition in accordance with Article 51.

(9) In the , 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 are deemed to have chosen the mother, unless the court has decided otherwise. , the court shall decide, taking into consideration the best interests of said children.

Art. 130. Upon the termination of the marriage by , the conjugal partnership property shall be liquidated in the same proceeding for the of the deceased.

If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the conjugal partnership property either judicially or extra-judicially within from the death of the deceased spouse. If upon the lapse of the six-month period , any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be .

Should the surviving spouse contract a without complying with the foregoing requirements, a mandatory regime of shall govern the property relations of the subsequent marriage.

Art. 131. Whenever the liquidation of the conjugal partnership properties of two or more marriages before the effectivity of this Code is carried out , the respective capital, fruits and income of each partnership shall be determined upon such proof as may be considered according to the rules of evidence. In case of doubt as to which partnership the existing properties belong, the same shall be divided between the different partnerships .

Art. 132. The Rules of Court on the administration of estates of deceased persons shall be observed in the of the conjugal partnership, and other matters which are not expressly determined in this Chapter.

Art. 133. From the support shall be given to the surviving spouse and to the children during the liquidation of the inventoried property and until what belongs to them is delivered; but from this shall be deducted that amount received for support which pertaining to them.


Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
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