Friday, April 29, 2016

The Marriage Series, Part 4: What the Absolute Community is Obligated to Pay For

According to Article 94 of the Family Code, during the couple’s marriage, the absolute community of property will answer for the following: 

(1) The support of the spouses and their common children; 

(2) All debts and obligations contracted during the marriage by the designated administrator spouse for the benefit of the community, or by both spouses, or by one spouse with the consent of the other; 

(3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited; 

(4) All taxes, liens, charges and expenses, including major or minor repairs, upon the community property; 

(5) All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family; 

(6) Expenses to enable either spouse to commence or complete a professional or vocational course, or other activity for self-improvement; 

(7) Antenuptial debts of either spouse insofar as they have redounded to the benefit of the family, or in other words, debts incurred by either spouse before their marriage, which have benefited the family; 

(8) The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self-improvement; 

(9) Antenuptial debts of either spouse other than those falling under paragraph (7), the support the support of illegitimate children of either spouse, and liabilities incurred by either spouse by reason of a crime or quasi-delict, in case of absence or insufficiency of the exclusive property  of the debtor-spouse, the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the community; and 

(10) Expenses of litigation between the spouses unless the suit is found to be groundless.

The separate properties of each spouse will have to shoulder any unpaid balance if the community property is not enough to cover the above-mentioned liabilities, with the exception of the antenuptial debts of each spouse that did not benefit the family.

If the community property is insufficient to cover the foregoing liabilities, except those falling under paragraph 9, the spouses shall be solidarily liable for the unpaid balance with their separate properties.

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