Home » Articles » Legal Advice

Married couple’s property relation dissolved upon death or on court order

Married couple’s property relation dissolved upon death or on court order
"May I seek your help in pointing out any legal references and statutes re: procedure on the partitioning of conjugal property. I also have these particular questions in mind: 1. In case of disagreement among co-heirs leading to court action to partition the property, is a co-heir in the minority position pleading for partitioning protected by law to enter his/her part of the property yet to be subdivided and develop it or operate it?2. Once the court has partitioned the commonly owned property and said co-heir winds up owning another parcel other than the one he developed, does the law protect him to see just compensation for developing the area from the other co-heir obtaining it thru the raffle? Gerry NatividadDear Mr. Natividad, According to the law, the property relation of a married couple is dissolved at the moment anyone or both of them die or when the court orders its dissolution. Once the same is dissolved, their properties shall be partitioned/segregated and distributed to the spouses. Basically, the law that governs the partition of their properties is the Family Code of the Philippines, whether their property relation is under the regime of absolute community, conjugal partnership of gains or any other regime that entails separation of property when the same ends.Since in your letter there was no mention as to the regime of the property relation of the spouses, we will presume that they got married when the Family Code is already in effect and that they did not execute a prenuptial agreement. Therefore, their property relation is governed by the regime of absolute community property. According to Article 102 of the Family Code of the Philippines, the liquidation of absolute community property is effected as follows: “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 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 is no such majority, the court shall decide, taking into consideration the best interests of said children.”Insofar as your other questions are concerned, since the property you mentioned in your letter is owned in common and no partition is made yet, any heir or co-owner cannot appropriate for himself any particular portion of the property as his. Thus, you as one of the co-owners of the property have no right to exercise ownership over a particular part of the property unless and until partition is conducted.Since the property is owned in common, the provision of Article 486 of the new Civil Code of the Philippines as to the common use of the co-owned property applies which provides as follows:“Each co-owner may use the thing owned in common, provided he does so in accordance with the purpose for which it is intended and in such a way as not to injure the interest of the co-ownership or prevent the other co-owners from using it according to their rights. xxx”That being the case, you may use the property in accordance with the aforesaid provision. The other co-owners have no right to prevent you from using or entering the said property.With regard to the partition of the co-owned property, if no agreement is reached by the co-heirs/co-owners, the same may be brought before the court for proper judicial resolution taking into consideration existing rights that the co-owners may have acquired prior to the existence of the co-ownership.Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/
 

Please support us in writing articles like this by sharing this post

Share this post to your Facebook, Twitter, Blog, or any social media site. In this way, we will be motivated to write articles you like.

--- NOTICE ---
If you want to use this article or any of the content of this website, please credit our website (www.affordablecebu.com) and mention the source link (URL) of the content, images, videos or other media of our website.

"Married couple’s property relation dissolved upon death or on court order" was written by Mary under the Legal Advice category. It has been read 476 times and generated 1 comments. The article was created on and updated on 15 September 2021.
Total comments : 1
Nykruk [Entry]

lipitor 80mg pill <a href="https://lipiws.top/">lipitor 80mg usa</a> lipitor 80mg usa