Main Topic: Liquidation of the Conjugal Partnership
Sub. Topic: Chapter 4 Conjugal Partnership of Gains
Art. 187. With regard to the formation of the inventory, rules for appraisal and sale of property of the conjugal partnership, and other matters which are not expressly determined in the present Chapter, the Rules of Court on the administration of estates of deceased persons shall be observed.
Discussion/Explanation:
This article presents that the rules on appraisal and sale of property in the Rules of Court as well as the other pertinent rules on matter not covered by this Code with respect to administration and settlement of the estate of deceased person are made applicable to liquidation of the conjugal partnership. It may also apply to liquidation of the absolute community of property in case of settlement of the estate of the deceased spouse.
In some point, there must be a legally appointed administrator of the estate. The liquidation of the conjugal property by the widow upon her husband’s death, not being authorized by law, is illegal and null. The person appointed administrator is entitled to the custody and possession of the property of the conjugal partnership while the settlement is being made. This doesn’t mean, however, that the wife or surviving partner is reprieved of all intervention in the settlement of the affairs of the partnership, for in intestate estate she is entitled to be appointed administered of her husband’s estate, unless some good reason for not appointing her is shown.
But the partnership itself is dissolved and the surviving spouse, even if he be the husband, ceases to be the legal administrator of the conjugal property. No complainant can therefore be brought against him in an ordinary action for a recovery of a debt chargeable against the conjugal property, and the claim for this purpose should be filed in the testamentary or intestate proceedings of the deceased spouse.
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