Tuesday, November 07, 2006

Properties exclusive to each spouse only

Are there things that are excluded from the absolute community property of the spouses?
There are a few things though that are excluded by law from the absolute community. This means that each spouse owns it, to the exclusion of the other. The list is enumerated in Article 92.
The first is that property acquired during the marriage by gratuitous title by either spouse (by donation, testament, by grant).
The fruits and income of these kind of property are likewise exclusive to the recipient spouse, unless the donor, testator or grantor says that such fruits or income should go to the community property.
The second type of property that will not go to the community are those for the personal and exclusive use of either spouse. For example, panties, bra, make up . These are for personal use, hence exclusive.
What if the wife has a panty that is embroidered all over with expensive diamonds? Can the wife say it has hers only because it is for her personal use?
The answer is no. The law says “however jewelry shall form part of the community property.” She can have the panty, but the jewelry shall be owned jointly.
The third exclusive property are those property acquired before marriage by either spouse who has legitimate descendants by a former marriage, and the fruits and income of such property.
Please take note, it must be LEGITIMATE (not illegitimate) descendants.

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