Art. 96. The administration and enjoyment of the community property shall belong to both spouses jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. (206a)
The Family Code provides for a joint administration and enjoyment of the spouse's community property unlike in the Civil Code wherein the husband is the administrator of the conjugal partnership property.
In spite of the joint administration of the community property by the couple (spouses), the husband's decision prevails in case of disagreement, but the wife may file an action to the court for proper remedy within five (5) years from the date of the contract implementing such decision. After such period, the action shall prescribe.
When can a spouse assume the sole power of administration? There are instances when one spouse may assume the sole power of administration as when: (a) one spouse is incapacitated, or (b) one spouse is unable to participate in the administration of the common property.
Such power, however, does not include the power to sell properties of the community property. The administrator-spouse must obtain an authorization from the court or the written consent of the spouse in order to validly sell properties under such community property since selling properties is an act of ownership or dominion which is not present in administration.
Also, the administration does not include the power to encumber without the authority of the court or the written consent of the other spouse. The administrator-spouse must obtain the written consent of the other spouse before he or she leases a property of the absolute community of properties beyond one (1) year because a lease beyond one year is more than an encumbrance.
Moreover, a lease is not only an encumbrance; rather, it is also a qualified alienation, with the lessee becoming, for all legal intents and purposes, and subject to its terms, the owner of the thing affected by the lease.
This provision recognizes the equality of the spouses since their interests in the community of properties are equal.
The Family Code provides for a joint administration and enjoyment of the spouse's community property unlike in the Civil Code wherein the husband is the administrator of the conjugal partnership property.
In spite of the joint administration of the community property by the couple (spouses), the husband's decision prevails in case of disagreement, but the wife may file an action to the court for proper remedy within five (5) years from the date of the contract implementing such decision. After such period, the action shall prescribe.
When can a spouse assume the sole power of administration? There are instances when one spouse may assume the sole power of administration as when: (a) one spouse is incapacitated, or (b) one spouse is unable to participate in the administration of the common property.
Such power, however, does not include the power to sell properties of the community property. The administrator-spouse must obtain an authorization from the court or the written consent of the spouse in order to validly sell properties under such community property since selling properties is an act of ownership or dominion which is not present in administration.
Also, the administration does not include the power to encumber without the authority of the court or the written consent of the other spouse. The administrator-spouse must obtain the written consent of the other spouse before he or she leases a property of the absolute community of properties beyond one (1) year because a lease beyond one year is more than an encumbrance.
Moreover, a lease is not only an encumbrance; rather, it is also a qualified alienation, with the lessee becoming, for all legal intents and purposes, and subject to its terms, the owner of the thing affected by the lease.
This provision recognizes the equality of the spouses since their interests in the community of properties are equal.
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