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partnership property, subject to precautionary conditions that the court may impose A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without any intention of returning. Spouse is prima facie considered to have abandoned the other spouse and the family if he or she has: 1. Left for a period of 3 months 2. Failed to inform the other spouse of his or her whereabouts for a period of 3 months Rules on Abandonment Partosa-Jo v. CA (1992): Physical separation of the spouses, coupled with the husband’s refusal to give support to the wife, sufficed to constitute abandonment as a ground for an action for the judicial
UP LAW BOC PERSONS AND FAMILY RELATIONS CIVIL LAW PAGE 49 of 574 ABSOLUTE COMMUNITY OF PROPERTY CONJUGAL PARTNERSHIP OF GAINS whereabouts for a period of 3 months separation of their conjugal property. Liquidation of assets and liabilities Procedure [Art. 102] •Inventory of assets of ACP and of spouses, with market values •Obligations are paid with community property, and separate obligations not charged to ACP paid by respective assets of spouses If obligations exceed the assets of the ACP, nothing is divided. Creditors can go after the separate properties of the spouses, which are solidarily liable for the deficiency •Delivery of whatever remains in their exclusive property •Balance, or net remainder is divided equally between the spouses, irrespective of how much each brought into the community •If personal obligations of a spouse exceed his/her separate property, creditor can go after the share of the spouse on the net remainder of the ACP, without prejudice to the provisions of law on forfeitures and delivery of presumptive legitimes •After covering all community obligations and obligations of spouses, balance of separate properties shall be delivered to respective spouses or their heirs, and they will also divide into two equal shares whatever is left of the community assets, without prejudice to the provisions of law on forfeitures and delivery of presumptive legitimes Procedure [Art. 129] 1.Prepare an inventory of all properties 2.Amounts advanced by CPG in payment of personal debts and obligations shall be credited to the CPG 3.Reimburse each spouse for the use of his/her exclusive funds in the acquisition of property or for the value of his or her exclusive property, the ownership of which has been vested by law in the conjugal partnership 4.Debts and obligations of CPG shall be paid out of the conjugal assets, otherwise both spouses are solidarily liable with their exclusive property 5.Remains of the exclusive properties shall be delivered to respective owner-spouses. 6.Indemnify loss/deterioration of movables belonging to either spouse, even due to fortuitous event, used for the benefit of the family 7.Net remainder of CPG shall constitute the profits which shall be divided equally between husband and wife except when: •A different proportion or division was agreed upon in the marriage settlements •