Title IV — Property Relations Between Husband and Wife
Article 103
ELI5— what this means for you
Upon the dissolution of the ACP, the spouses (or the surviving spouse) must liquidate and partition the community property within one year. If they do not do so, any property acquired by either party during the one-year period belongs to the community (not to them individually) until liquidation is completed.
Official text — EO 209
Upon the termination of the marriage by death, the community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased.
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property either judicially or extra-judicially within six months from the death of the deceased spouse. If upon the lapse of the six months period, no liquidation is made, any disposition or encumbrance involving the community property of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage. (n)
Source: lawphil.net (EO 209 as amended)
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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.