The Revised Family Code-CHAPTER FIVE LIQUIDATION OF PECUNIARY RELATIONS BETWEEN SPOUSES

CHAPTER FIVE LIQUIDATION OF PECUNIARY RELATIONS BETWEEN SPOUSES

 

Article 85. – Liquidation by Agreement.

1)    Without prejudice to the provisions of this Code relating to compensation, where the marriage is dissolved in accordance with the provisions of this Code, the pecuniary relation between spouses shall be liquidated in accordance with the agreement entered into by the spouses or the contract of their marriage.

2)    In default of a contract of marriage or an agreement , or if these are not valid under the law, the pecuniary relations between spouses shall be liquidated in accordance with the following provisions.

 

Article 86. –  Retaking of Personal Property.

1)    Each spouse has the right to retake his personal property in kind where he shows that he is the sole owner thereof.

2)    If one of the spouses proves that any of his personal property has been alienated and that the price thereof has fallen in the common property, he has the right to withdraw therefrom, beforehand, money or things or value corresponding to such price.

3)    Where both spouses have such right, each of them shall take their respective share from the common property in proportion to their contribution.

 

Article 87. – Indemnities.

1)    Where one of the spouses who has been vested with the power to administer the common property or the personal property of the other spouse in accordance with this law, has performed acts which adversely affect such spouse, or where the spouse who has performed such act did not have the mandate, or where such acts constitute acts of bad administration, or have been performed fraud of the right of the spouse making the claim, the court may, at the request of the aggrieved spouse, award damage to such spouse.

2)    No claim for indemnity based pm Sin-Article (1) of this Article may be made by reason of acts which have been performed five years before the dissolution of the marriage.

 

Article 88. – Unlawful Enrichment.

Unless otherwise agreed, the court may award indemnity to a spouse who proves that the personal property of the other spouse or of the common property has been enriched to the prejudice of his own personal property.

 

Article 89. – Protection of Creditors.

Where there is a debt incurred by either spouse or both spouse conjointly, and such debt is confirmed by judicial decision, or acknowledge by the spouses, such debt shall be paid before partition of property.

 

Article 90. – (1) Partition of Common Property.

Without prejudice to the provisions of the preceding Articles and agreements entered into by the spouses, common property shall be divided equally between the spouses.

 

Article 91. – (2) Rule of Partition in Kind

1)    As a rule, partition shall be made in kind in such a way that each spouse receives some property from the common property.

2)    Where it is not possible to divide such Common property equally under Sub-Article (1) of this Article, the inequality of shares in kind shall be set off by the payment of sums of money.

3)    The utmost care shall be taken to give each spouse things which are most useful to him.

 

Article 92. – Properties which are Difficult to Divide.

1)    If there is a certain property which is difficult or impossible to be divided and if the spouses do not agree as to who shall have that property in his share, such property shall be sold and the proceeds thereof shall be divided between them.

2)    If the spouses do not agree on the conditions of sale and , if one of them so requires, the sale shall be made by auction.

 

Article 93. – Debts of Spouses due after Dissolution of the Marriage.

1)    If a debt which was to be paid from the common property becomes due after the dissolution of the marriage  and after the partition of the property, each spouse shall be liable in proportion to his share.

2)    If the debt concerns one of the spouses, only such spouse shall pay it.