Text of the provision
Art. 146. Both spouses shall bear the family expenses in proportion to their income, or, in case of insufficiency or default thereof, to the current market value of their separate properties.
The liabilities of the spouses to creditors for family expenses shall, however, be solidary.
(215a)
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
Separate estates do not mean a separate family. Both spouses must still shoulder the family's expenses — and the sharing is in proportion to their respective incomes. If income is not enough (or a spouse defaults), the proportion is measured instead against the current market value of their separate properties.
That proportional split governs between the spouses. Toward the outside world it is different: creditors for family expenses may collect the whole amount from either spouse, because their liability is solidary. The spouse who overpays can then seek the proper share back from the other.
Questions about this provision
Related provisions
- Article 145 — each spouse's independent, separate estate.
- Article 94 — charges upon the absolute community, by contrast.
Cases citing this article
- Lincoln L. Yao vs. Honorable Norma C. Perello, et al, G.R. No. 153828, October 24, 2003 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.