Text of the provision
Art. 129. Upon the dissolution of the conjugal partnership regime, the following procedure shall apply:
(1) An inventory shall be prepared, listing separately all the properties of the conjugal partnership and the exclusive properties of each spouse.
(2) Amounts advanced by the conjugal partnership in payment of personal debts and obligations of either spouse shall be credited to the conjugal partnership as an asset thereof.
(3) Each spouse shall be reimbursed for the use of his or 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) The debts and obligations of the conjugal partnership shall be paid out of the conjugal assets. In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties, in accordance with the provisions of paragraph (2) of Article 121.
(5) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them.
(6) Unless the owner had been indemnified from whatever source, the loss or deterioration of movables used for the benefit of the family, belonging to either spouse, even due to fortuitous event, shall be paid to said spouse from the conjugal funds, if any.
(7) The net remainder of the conjugal partnership properties shall constitute the profits, 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 or forfeiture of such share as provided in this Code.
(8) The presumptive legitimes of the common children shall be delivered upon the partition in accordance with Article 51.
(9) In the partition of the properties, the conjugal dwelling and the lot on which it is situated shall, unless otherwise agreed upon by the parties, be adjudicated to the spouse with whom the majority of the common children choose to remain. Children below the age of seven years are deemed to have chosen the mother, unless the court has decided otherwise. In case there is no such majority, the court shall decide, taking into consideration the best interests of said children.
(181a, 182a, 183a, 184a, 185a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
This is the accounting checklist for winding up a conjugal partnership. In order: inventory everything; credit the partnership for personal debts it advanced; reimburse each spouse for exclusive funds or property absorbed by the partnership; pay the partnership's debts (and if assets fall short, both spouses answer solidarily with separate property); return each spouse's remaining exclusive property; and cover certain losses of family movables.
What is left — the net remainder — is the "profit," split equally between the spouses (unless the marriage settlement said otherwise or a share was waived or forfeited). Finally, the children's presumptive legitimes are delivered (Article 51), and the family home goes to the spouse the majority of the children choose to live with — with children under seven presumed to choose the mother.
Related provisions
- Article 102 — the parallel liquidation procedure for the absolute community.
- Article 51 — delivery of the children's presumptive legitimes.
Cases interpreting this article
- Authorities on Article 129 will be added here as each is verified against primary sources.