We received an email from “ROYAL” regarding absolute community of property (ACP), currently the default property relation between husband and wife in a marriage. The email goes like this:
“Thanks for your pages on ACP. I beg to differ on one extremely important issue. The law does NOT say ACP is automatically co owned. Art 484 CC makes this clear. If property cannot belong to two people it cannot be co owned.”
The first part of the assertion is clear — the law does NOT say that ACP is automatically co-owned. The second part is not clear to me, so let’s agree on how it is supposed to mean — that a property in ACP cannot belong to two people; thus, it cannot be co-owned.
Now, while we are having lunch, anybody wants to take the first shot at cracking this mystery?
Ok, lunch over and no one took the time to move their cursors. Let’s focus on the first part.
The absolute community of property between the spouses is now governed by the Family Code (Executive Order No. 209), which took effect on 3 August 1988. It supersedes the relevant provisions of the Civil Code. Article 90 of the Family Code reads:
Art. 90. The provisions on co ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter.
In other words, unless the Family Code provides otherwise, the rules on co-ownership shall apply to the ACP. That’s pretty much straigtforward to me.