ABSOLUTE COMMUNITY OF

COMPLETE SEPARATION OF
PROPERTY (ACP) CONJUGAL PARTNERSHIP OF GAINS (CPG)
PROPERTY (CSP)
PROPERTY (Art. 75; Chapter 3, Title IV, Family (Art 105; Chapter 4, Title IV, Family Code) 
(Chapter 6, Title IV, Family Code)
REGIME Code) Group Members: Saguibo, Llamera, Ocampo,
Group Members: Cas, De Guzman,
Group Members: Lising, Asiatico, Cruz, Galapon, Painaga and Gemoto
Duro, Jose and Lappay
Aguedan, Villamayor and Villapando 

In this regime, the husband and wife are In this regime, everything earned (gained) by the In  this regime, each spouse retains
joint owners or co-owners of all the husband and wife during the marriage belongs to the ownership, management and
properties of the marriage. Almost conjugal partnership. control of his or her property
everything is owned in common. brought into the marriage and of the
Under this regime of conjugal partnership of gains, the property he or she acquired during
husband and wife place in a common fund  the the marriage, including all the fruits
DEFINITION proceeds, products , fruits and income from their and accessions, but under the
separate  properties and those acquired by either or obligation to contribute
both  spouses through their efforts or by chance, and, proportionately to the family
upon dissolution of the marriage or of  the partnership expenses.
or benefits obtained by either or both spouses shall be
divided equally between them, unless otherwise agreed
in the marriage settlements.

NATURE Supplementing Law. Provisions of co- Supplementing Law. Provisions of partnership shall Supplementing Law.
ownership shall apply suppletorily (90) apply suppletorily (108) Article 143. Should the future
spouses agree in the marriage
The spouses are not co-owners of the conjugal settlements that their property
property. They only have a mere expectancy or relations during marriage shall be
inchoate right to the conjugal property. governed by the REGIME OF
SEPARATION OF PROPERTY, the
provisions of this Chapter shall be
suppletory ( 212a ) 

Commencement. ACP shall commence Commencement. CPG shall commence at the precise Commencement.
at the precise moment the marriage is moment when the marriage ceremony is celebrated.
celebrated. Any stipulation at any other Properties are separate even
time shall be void (88) prior to marriage. 

Waiver. No waiver of rights, shares and Waiver. Art. 107. The rules provided in Articles 88 and Waiver.
effects of ACP during the marriage can 89 shall also apply to conjugal partnership of gains. For complete separation of
 be made, EXC: judicial separation of properties.
property. (89) No waiver of rights, shares and effects of the absolute
community of property during the marriage can be But in case of Partial Separation of
made except in case of judicial separation of property. Property, no waiver for properties 
(89) not agreed upon as separate since
it is either ACP or CPG.

Applicability. In the absence of Applicability. FC, Art. 108 Applicability.

marriage settlement or when the regime In the event the contracting
agreed upon is void, the system of The rules on the contract of partnership in all that is not parties want their property
absolute community of property shall in conflict with what is expressly determined in the FC relationship shall be governed by
govern (75) and by the spouses in their marriage settlements. the regime of separation of
property, they have to enter into
a valid marriage settlement prior
to the marriage stipulating such
regime.

COMMUNITY What constitutes as community  What constitutes conjugal property? Separation of Property maybe (1)
OR CONJUGAL present, (2) future or (3) both
PROPERTY Unless otherwise provided in this Under Art. 116  of the Family Code. All property
Chapter or in the marriage settlements, acquired during the marriage, whether acquisition to It may also be  (1) total or (2) partial
the community property shall consist of have been made, contracted or registered in the name
all the property owned by the spouses at of one or both spouses, is presumed to be conjugal In partial separation of property, it
the time of the celebration of the unless the contrary is provided. (160a) can be said that the conjugal
marriage or acquired thereafter. (91) partnership partnership of gains or
The following are conjugal partnership  properties: the absolute community, also
Property acquired during the marriage is exists.
presumed to belong to the community,
unless it is proved that it is one of those 1. Those acquired by onerous title  during (Art 144)
excluded therefrom. (93) marriage  at the expense of the common fund,
whether the acquisition be for the partnership, Both spouses shall bear family
or for only  one of the spouses; expenses in proportion to their
2.  Those obtained from the labor, industry, work income or in case of insufficiency,
or  profession of either or both of the spouses; or default thereof, to the current
3. The fruits, natural , industrial, or civil, due  or market value of their separate
received during the marriage from the common properties.
property, as well as  the net fruits from the
exclusive property of each spouse The liability of the spouses to
4. Those acquired  through  occupation such as  creditors for family expenses shall
fishing or hunting however, be solitary. 
5. Those acquired by chance, such as winnings
 from gambling or betting. However, losses
therefrom  shall be borne exclusively  by the (Article 146)
lose-spouse. (153A, 154,155,159)

Presumption. Presumption.

Property acquired before marriage and All property acquired during the marriage, whether the
fruits of the said properties, General acquisition appears to have been made,contracted or
rule: Common registered in the name of one or both spouses, is
presumed to be conjugal.
Exceptions: 
 Property acquired before the
marriage by either spouse
who has legitimate
descendants by a former
marriage, and the fruits as
well as the income, if any, of
such property (92.3)

 Property for personal and

exclusive use of either
spouse.

Property acquired during marriage,

General rule: Common

Exceptions:
 Acquired by Donation during
marriage - Exclusive
 Fruits of the Donated property -
Exclusive
 Personal/ Exclusive Use
(Clothes) - Exclusive 

Exception to the Exception of Personal

properties:
 Jewelries - Common
What shall the community property What shall the conjugal property be liable for?
be liable for?
Art 94 Art. 121 The conjugal partnership shall be liable for:
(1) The support of the spouse, their common children,
Art. 94. The absolute community of and the legitimate children of either spouse; however,
property shall be liable for: the support of illegitimate children shall be governed by
(1) The support of the spouses, their the provisions of this Code on Support;
common children, and legitimate (2) All debts and obligations contracted during the
children of either spouse; however, the marriage by the designated administrator-spouse for
support of illegitimate children shall be the benefit of the conjugal partnership of gains, or by
governed by the provisions of this Code both spouses or by one of them with the consent of the
on Support; other;
(2) All debts and obligations contracted (3) Debts and obligations contracted by either spouse
during the marriage by the designated without the consent of the other to the extent that the
administrator-spouse for the benefit of family may have benefited;
the community, or by both spouses, or (4) All taxes, liens, charges, and expenses, including
by one spouse with the consent of the major or minor repairs upon the conjugal partnership
other; property;
(3) Debts and obligations contracted by (5) All taxes and expenses for mere preservation made
either spouse without the consent of the during the marriage upon the separate property of
other to the extent that the family may either spouse;
have been benefited; (6) Expenses to enable either spouse to commence or
(4) All taxes, liens, charges and complete a professional, vocational, or other activity for
expenses, including major or minor self-improvement;
repairs, upon the community property; (7) Ante-nuptial debts of either spouse insofar as they
(5) All taxes and expenses for mere have redounded to the benefit of the family;
preservation made during marriage upon (8) The value of what is donated or promised by both
the separate property of either spouse spouses in favor of their common legitimate children for
used by the family; the exclusive purpose of commencing or completing a
(6) Expenses to enable either spouse to professional or vocational course or other activity for
commence or complete a professional or self-improvement; and
vocational course, or other activity for (9) Expenses of litigation between the spouses unless
self-improvement; the suit is found to groundless.
(7) Ante-nuptial debts of either spouse If the conjugal partnership is insufficient to cover the
insofar as they have redounded to the foregoing liabilities, the spouses shall be solidarily
benefit of the family; liable for the unpaid balance with their separate
(8) The value of what is donated or properties.
promised by both spouses in favor of
their common legitimate children for the
exclusive purpose of commencing or
completing a professional or vocational
course or other activity for self-
improvement;

(9) Antenuptial debts of either spouse

other than those falling under paragraph
(7) of this Article, the support of
illegitimate children of either spouse,
and liabilities incurred by either spouse
by reason of a crime or a quasi-delict, in
case of absence or insufficiency of the
exclusive property of the debtor-spouse,
the payment of which shall be
considered as advances to be deducted
from the share of the debtor-spouse
upon liquidation of the community; and 

(10) Expenses of litigation between the

spouses unless the suit is found to be
groundless.

If the community property is

insufficient to cover the foregoing
liabilities, except those falling under
paragraph of (9), the spouses shall
be solidarily liable for the unpaid
balance with their separate
properties.(161a, 162a, 163a,2021,
205a)

Rules on Ownership, Administration, Rules on Ownership, Administration, Enjoyment

Enjoyment and Disposition of and Disposition of conjugal property.
community property. 
Article 124 of the Family Code provides that the
The administration and enjoyment of the administration and enjoyment of the conjugal
community property shall belong to both partnership property shall belong to both spouses
spouses jointly. In case of disagreement, jointly. In case of disagreement, the husband's decision
the husband’s decision shall prevail, shall prevail, subject to recourse to the court by the
subject to recourse to the court by the wife for proper remedy, which must be availed of within
wife for proper remedy, which must be five years from the date of the contract implementing
availed of within five years from the date such decision.
of the contract implementing such
 decision. (96)
In the event that one spouse is incapacitated or
In the event that one spouse is otherwise unable to participate in the administration of
incapacitated or otherwise unable to the conjugal properties, the other spouse may assume
participate in the administration of the sole powers of administration. These powers do not
common properties, the other spouse include the powers of disposition or encumbrance
may assume sole powers of which must have the authority of the court or the written
administration. These powers do not consent of the other spouse. In the absence of such
include disposition or encumbrance authority or consent, the disposition or encumbrance
without authority of the court or the shall be void. However, the transaction shall be
written consent of the other spouse. In construed as a continuing offer on the part of the
the absence of such authority or consenting spouse and the third person, and may be
consent, the disposition or encumbrance perfected as a binding contract upon the acceptance by
shall be void. However, the transaction the other spouse or authorization by the court before
shall be construed as a continuing offer the offer is withdrawn by either or both offerors. (165a)
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. (96)

Disposition:
Either spouse may dispose by will of his
or her interest in the community
property. (97)

Neither spouse may donate any

community property without the consent
of the other. However, either spouse
may, without the consent of the other,
make moderate donations from the
community property for charity or on
occasions of family rejoicing or family
distress. (98) 

EXCLUSIVE OR What constitutes as exclusive What constitutes as exclusive property? 

RESERVED property?
PROPERTY ART 109. THE FOLLOWING SHALL BE EXCLUSIVE
Section 2. What Constitutes Community PROPERTY OF EACH SPOUSES:
Property

Art. 92. The following shall be excluded 1. That which is brought to the marriage as his/her
from the community property: own
2. That which each acquires during the marriage
(1) Property acquired during the by gratuitous title
marriage by gratuitous title by either 3. That which each acquires during the marriage
spouse, and the fruits as well as the by the right of redemption by barter or exchange
income thereof, if any, unless it is with property belonging to only one of the
expressly provided by the donor, testator spouses
or grantor that they shall form part of the 4. That which is purchased with exclusive money
community property; of the wife or of the husband (ART 148A CC)
(2) Property for personal and exclusive
use of either spouse. However, jewelry
shall form part of the community
property;

(3) Property acquired before the

marriage by either spouse who has
legitimate descendants by a former
marriage, and the fruits as well as the
income, if any, of such property. (201a)

What shall the exclusive property be What shall the exclusive property be liable for?
liable for? 
Art. 110. The spouses retain the ownership,
Section 3. Charges and Obligations of possession, administration and enjoyment of their
the Absolute Community exclusive properties.

Art. 94. The absolute community of Either spouse may, during the marriage, transfer the
property shall be liable for: administration of his or her exclusive property to the
other by means of a public instrument, which shall be
(1) The support of the spouses, their recorded in the registry of property of the place the
common children, and legitimate property is located. (137a, 168a, 169a)
children of either spouse; however, the
support of illegitimate children shall be Art. 111. A spouse of age may mortgage, encumber,
governed by the provisions of this Code alienate or otherwise dispose of his or her exclusive
on Support; property, without the consent of the other spouse, and
 appear alone in court to litigate with regard to the
(2) All debts and obligations contracted same. (n)
during the marriage by the designated
administrator-spouse for the benefit of Art. 112. The alienation of any exclusive property of a
the community, or by both spouses, or spouse administered by the other automatically
by one spouse with the consent of the terminates the administration over such property and
other; the proceeds of the alienation shall be turned over to
the owner-spouse. (n)
 (3) Debts and obligations contracted by
either spouse without the consent of the Art. 113. Property donated or left by will to the spouses,
other to the extent that the family may jointly and with designation of determinate shares, shall
have been benefited; pertain to the donee-spouses as his or her own
exclusive property, and in the absence of designation,
 (4) All taxes, liens, charges and share and share alike, without prejudice to the right of
expenses, including major or minor accretion when proper. (150a)
repairs, upon the community property;
Art. 114. If the donations are onerous, the amount of
 (5) All taxes and expenses for mere
the charges shall be borne by the exclusive property of
preservation made during marriage upon
the donee spouse, whenever they have been advanced
the separate property of either spouse
by the conjugal partnership of gains. (151a)
used by the family;

 (6) Expenses to enable either spouse to Art. 115. Retirement benefits, pensions, annuities,
commence or complete a professional or gratuities, usufructs and similar benefits shall be
vocational course, or other activity for governed by the rules on gratuitous or onerous
self-improvement; acquisitions as may be proper in each case. (n)

 (7) Ante-nuptial debts of either spouse

insofar as they have redounded to the
benefit of the family;

 (8) The value of what is donated or

promised by both spouses in favor of
their common legitimate children for the
exclusive purpose of commencing or
completing a professional or vocational
course or other activity for self-
improvement;

 (9) Ante-nuptial debts of either spouse

other than those falling under paragraph
(7) of this Article, the support of
illegitimate children of either spouse,
and liabilities incurred by either spouse
by reason of a crime or a quasi-delict, in
case of absence or insufficiency of the
exclusive property of the debtor-spouse,
the payment of which shall be
considered as advances to be deducted
from the share of the debtor-spouse
upon liquidation of the community; and

 (10) Expenses of litigation between the

spouses unless the suit is found to be
groundless.

 If the community property is insufficient

to cover the foregoing liabilities, except
those falling under paragraph (9), the
spouses shall be solidarily liable for the
unpaid balance with their separate
properties. (161a, 162a, 163a, 202a-
205a)

Art. 95. Whatever may be lost during the

marriage in any game of chance,
betting, sweepstakes, or any other kind
of gambling, whether permitted or
prohibited by law, shall be borne by the
loser and shall not be charged to the
community but any winnings therefrom
shall form part of the community
property. (164a)

Rules on Ownership, Administration, Rules on Ownership, Administration, Enjoyment

Enjoyment and Disposition of and Disposition of exclusive property.
exclusive property.
The administration and enjoyment of the conjugal
The spouses retain the ownership, partnership shall belong to both spouses jointly (Art
possession, administration and 137,138, 16a CC)
enjoyment of their exclusive properties.
(110)

Either spouse may, during the marriage,

transfer the administration of his or her
exclusive property to the other by means
of a public instrument, which shall be
recorded in the registry of property of the
place the property is located. (110)

A spouse of age may mortgage,

encumber, alienate or otherwise dispose
of his or her exclusive property, without
the consent of the other spouse, and
appear alone in court to litigate with
regard to the same. (111)

The alienation of any exclusive property

of a spouse administered by the other
automatically terminates the
administration over such property and
the proceeds of the alienation shall be
turned over to the owner-spouse. (112)

Property donated or left by will to the

spouses, jointly and with designation of
determinate shares, shall pertain to the
donee-spouses as his or her own
exclusive property, and in the absence
of designation, share and share alike,
without prejudice to the right of accretion
when proper. (113)

If the donations are onerous, the amount

of the charges shall be borne by the
exclusive property of the donee spouse,
whenever they have been advanced by
the conjugal partnership of gains. (114)

Retirement benefits, pensions, annuities,

gratuities, usufructs and similar benefits
 shall be governed by the rules on
gratuitous or onerous acquisitions as
may be proper in each case. (115)

DISSOLUTION How ACP dissolved?  How CPG dissolved?

Art. 99. The absolute community In the conjugal partnership of gains, however, the
terminates: separate properties of the spouses are returned 
1. Upon the death of either spouse;
2. When there is a decree of legal Upon the dissolution of the partnership are divided
separation equally between the spouses of their heirs.
3. When the marriage is annulled or
declared void; or
4. In case of judicial separation of Conjugal partnership is terminated by:
property during the marriage
under Articles 134 to 138. 1. Death of either spouse; 
2. Legal separation; 
Art. 100. The separation in fact between 3. Annulment or Declaration of Nullity; 4. Judicial
husband and wife shall not affect the separation of property during marriage (FC, Art. 126).
regime of absolute community except
that:
1. The spouse who leaves the
conjugal home or refuses to live
therein, without just cause, shall
not have the right to be
supported;
2. When the consent of one spouse
to any transaction of the other is
required by law, judicial
authorization shall be obtained in
a summary proceeding;
3. In the absence of sufficient
community property, the
separate property of both
spouses shall be solidarily liable
for the support of the family. The
spouse present shall, upon
proper petition in a summary
proceeding, be given judicial
authority to administer or
 encumber any specific separate
property of the other spouse and
use the fruits or proceeds thereof
to satisfy the latter’s share.

Art. 101. If a spouse without just cause

abandons the other or fails to comply
with his or her obligations to the family,
the aggrieved spouse may petition the
court for receivership, for judicial
separation of property or for authority to
be the sole administrator of the absolute
community, subject to such
precautionary conditions as the court
may impose. 

            The obligations to the family

mentioned in the preceding paragraph
refer to marital, parental or property
relations.

            A spouse is deemed to have

abandoned the other when he or she
has left the conjugal dwelling without
any intention of returning. The spouse
who has left the conjugal dwelling for a
period of three months or has failed
within the same period to give any
information as to his or her whereabouts
shall be prima facie presumed to have
no intention of returning to the conjugal
dwelling,

LIQUIDATION How ACP liquidated? How CPG liquidated?

Section 6 Article 129 of the Family Code states that  “Upon the
dissolution of the conjugal partnership regime, the
Art. 102. Upon dissolution of the absolute following procedure shall apply:
community regime:
1. Inventory of all the properties; 
(1) An inventory shall be prepared,
 2. Restitution of advances made to each of the
listing separately all the properties of spouses; 
the absolute community and the
exclusive properties of each spouse. 3. Reimbursement for use of exclusive funds; 
(2) The debts and obligations of the
4. Debts and obligations of the CP are paid; 
absolute community shall be paid out
of its assets. In case of insufficiency of
said assets, the spouses shall be 5. Delivery of exclusive properties;
solidarily liable for the unpaid balance  
with their separate properties in 6. Payment of losses and deterioration of movables
accordance with the provisions of the belonging to each of the spouses; 
second paragraph of Article 94.
7. Division of the net conjugal partnership; 
(3) Whatever remains of the exclusive
properties of the spouses shall 8. Delivery of the common children’s presumptive
thereafter be delivered to each of legitimes;
them.
9. Adjudication of conjugal dwelling and custody of
(4) The net remainder of the properties
common children
of the absolute community shall
constitute its net assets, which shall be
divided equally between husband and
wife, unless a different proportion or
division was agreed upon in the
marriage settlements, or unless there
has been a voluntary waiver of such
share provided in this Code. For
purpose of computing the net profits
subject to forfeiture in accordance with
Liquidation of community property if the
Articles 43, No. (2) and 63, No. (2), the
termination of the marriage by death 
said profits shall be the increase in
value between the market value of the
community property at the time of the Upon termination of marriage by death, the community
celebration of the marriage and the property shall be liquidated in the same proceeding for
market value at the time of its the settlement of the estate of the deceased spouse
dissolution. (FC,Art. 130).

(5) The presumptive legitimes of the If no judicial settlement proceeding is instituted, the
common children shall be delivered surviving spouse shall liquidate the conjugal
upon partition, in accordance with partnership property either judicially or extrajudicially
Article 51. within 6 months from the death of the deceased
spouse. If upon the lapse of the 6 month period no
 liquidation is made,  any disposition or encumbrance
(6) Unless otherwise agreed upon by involving the conjugal partnership property of the
the parties, in the partition of the terminated marriage shall be void.
properties, the conjugal dwelling and
the lot on which it is situated shall be Should the surviving spouse contract a subsequent
adjudicated to the spouse with whom marriage without compliance with the foregoing
the majority of the common children requirements, a mandatory regime of complete
choose to remain. Children below the
separation of property shall govern the property
age of seven years are deemed to
relations of the subsequent marriage. 
have chosen the mother, unless the
court has decided otherwise. In case
there in no such majority, the court
shall decide, taking into consideration
the best interests of said children. (n)

Art. 103. 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)

Art. 104. Whenever the liquidation of the

community properties of two or more
marriages contracted by the same person
before the effectivity of this Code is carried
 out simultaneously, the respective capital,
fruits and income of each community shall
be determined upon such proof as may be
considered according to the rules of
evidence. In case of doubt as to which
community the existing properties belong,
the same shall be divided between the
different communities in proportion to the
capital and duration of each. (189a)

PROPERTY Parties are capacitated to marry each other (147) Parties are NOT capacitated to marry each other (148)
REGIME OF
UNIONS  Cayabyab, Hipolito, Medico, Mendoza, and Regis
WITHOUT
MARRIAGE 
(Chapter 7, Title IV,
Family Code)

Requisites 1. Man and a woman (Art. 1) 1. Bigamous marriages

2. Capacitated to marry (Art. 2 and 3) 2. Adulterous relationships
3. Live exclusively with each other as husband wife 3. Relationships in a state of concubinage
without the benefit of marriage; OR  4. Man and woman are married to other persons
4. Under a void marriage  (Chapter 3, Family Code) 5. Multiple alliances of the same married man
*Article 147, Paragraph 1
(Source:   NICDAO CARIÑO VS.  YEE CARIÑO, G.R. No.
132529. February 2, 2001)

Rules on wages Owned in equal shares Earnings of the bigamous spouse should belong to the
and salaries *Article 147, Paragraph 1 real, actual and legal partnership (with the first spouse),
ideally.

Wages and salaries earned by each party belong to him or

her exclusively. 

There must be actual joint contribution of money in order

that this be owned in common, and the share of each party
is in proportion to his or her contribution. 

Rules on property  Properties acquired during cohabitation shall be Only the properties acquired by both of the parties
acquired during presumed to have been obtained by their joint efforts, work through their actual joint contribution of money, property
 cohabitation or industry, and shall be owned by them in equal shares. and industry shall be owned by them in common in
*Article 147, Paragraph 2 proportion to their respective contributions. (Agapay v.
 A party who did not participate in the acquisition by the Palang, G.R No. 116726, July 28, 1997)
other party of any property shall be deemed to have
contributed jointly in the acquisition thereof if the former's - Mere cohabitation without proof of contribution will not
efforts consisted in the care and maintenance of the family result in a co-ownership.
and of the household
*Article 147, Paragraph 2 - Such contributions and corresponding shares were
prima facie presumed to be equal.

- Actual contribution is required.

- If the actual contribution of the party is not proved, there

will be no co-ownership and no presumption of equal
shares.

- The fact that the controverted property was titled in the

name of the parties to an adulterous relationship is NOT
sufficient proof of co-ownership absent evidence of actual
contribution in the acquisition of the property.

Rules on Neither party can encumber or dispose by acts inter vivos of  Property of each that is not in co-ownership, such
encumbrances and his or her share in the property acquired during cohabitation as when bought by their money had before they
disposition and owned in common, without the consent of the other, until lived together, or acquired from fruits of their
after the termination of their cohabitation. separate properties, will belong to each separately
*Article 147, Paragraph 3 and exclusively. 
 The parties may have no capacity to marry or are
suffering under some legal impediment to marry
each other.
 The share of the other party (not validly married to
another), will pertain to him or her if he or she did
not know of the marriage of the unfaithful partner. 

Rules on forfeiture 1. When only one of the parties to a void marriage is in If a party who has acted in bad faith is not validly married
good faith, the share of the party in bad faith in the co- to another, his or her share shall be forfeited in the
ownership shall be forfeited in favor of their common following manner:
children. 
2. In case of default of or waiver by any or all of the
common children or their descendants, each vacant 1. In favor of their common children.
share shall belong to the respective surviving 2. In case of default of or waiver by any or all common
descendants.  children or their descendants, each vacant share 
3. In the absence of descendants, such share shall
 belong to the innocent party. In all cases, the forfeiture shall belong to the respective surviving
shall take place upon termination of the cohabitation. descendants.
*Article 147, Paragraph 4 3. In the absence of descendants, such shares shall
belong to the innocent party.
*the foregoing rules on forfeiture shall likewise apply
even if both parties are in bad faith - Art. 148, par. 2 FC