- Statute
- Family Code
- Article
- Art. 130
- Topic
- Liquidation of the conjugal partnership upon death
- Year
- 1987
The provision
Upon the termination of the marriage by death, the conjugal partnership 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 conjugal partnership property either judicially or extra-judicially within six months from the death of the deceased spouse. If upon the lapse of the six-month period no liquidation is made, any disposition or encumbrance involving the conjugal partnership 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)
Cases applying this article
- The Heirs of Protacio Go, Sr. v. Ester L. Servacio G.R. No. 157537
- Dela Peña v. Avila G.R. No. 187490