Short answer. When the Family Code's chapter on absolute community of property is silent on a particular matter, the Civil Code's provisions on co-ownership step in to fill the gap. Article 90 of the Family Code makes this explicit: co-ownership rules apply suppletorily in all matters not covered by that chapter.

What the law says

The provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter.

Family Code, Article 90 — Co-ownership Rules Apply Suppletorily. Read the full provision →

The gap-filling rule under Article 90

Article 90 of the Family Code provides that the provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter. This is a suppletory rule — it does not apply when the Family Code itself has already addressed the issue. But whenever a situation arises that the ACP chapter does not specifically regulate, the Civil Code's general co-ownership framework automatically steps in to govern that gap.

How suppletory application works in practice

The absolute community of property is the default property regime for spouses who marry without a prenuptial agreement. The Family Code chapter on ACP covers the main questions — what assets go in, what assets are excluded, who can administer the community, how it is dissolved, and how it is liquidated. When a question falls outside those regulated areas, a court or the spouses themselves look to the Civil Code provisions on co-ownership for the answer. This might arise, for example, in disputes over how a jointly owned asset should be used, maintained, or preserved when the Family Code has not prescribed a specific rule.

Why co-ownership is the chosen reference

The absolute community of property is, at its core, a form of shared ownership: both spouses own all community assets together, in undivided shares. Because its structure resembles co-ownership, it makes logical sense for the legislature to use co-ownership principles as the default framework. The Civil Code's co-ownership rules address management, use, expenses, improvements, and division of common property — all of which are relevant concerns between spouses who share a pool of assets. The suppletory reference prevents gaps in the law from leaving spouses without any legal guidance.

Limits of the rule

Suppletory application does not mean co-ownership rules override the ACP chapter where the Family Code has spoken. If the Family Code expressly regulates a matter — such as administration of community property, alienation of community assets, or the effect of dissolution on the regime — those provisions control and co-ownership rules do not displace them. The reference to co-ownership is a safety net for genuinely unaddressed situations, not a licence to ignore what the Family Code has already said. If you are facing a specific dispute about community property and are unsure which rules apply, the facts matter significantly and legal advice is warranted.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.