When married couples separate, is the obligation of the husband limited only to supporting children who are in the care of the wife? What if the wife incurred debts? Does the husband have an obligation to make a payment of the debt?
According to Article 91 of the Family Code, the absolute community property of the spouse or the pieces of property, which belong to the spouse during marriage or acquired thereafter shall have legal liability. These include the following:
(2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the community, or by both spouses, or by one spouse with the consent of the other;
(3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited;
If the wife incurred the debt after the husband separated from her, the husband's obligation to pay the debt is considered jointly. This means that if the wife incurred the debt even when you have already separated, the husband still has an obligation to settle it, provided that the debt incurred benefited the family. It is also interesting to note that the husband assumes responsibility for the wife's debt if the consent was obtained from him.
On the other hand, Article 102 of the Absolute Community of Property states:
(1) An inventory shall be prepared, listing separately all the properties of the absolute community and the exclusive properties of each spouse.
(2) The debts and obligations of the absolute community shall be paid out of its 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 the second paragraph of Article 94.
(3) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them.
(4) The net remainder of the properties 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 Articles 43, No. (2) and 63, No. (2), the said profits shall be the increase in value between the market value of the community property at the time of the celebration of the marriage and the market value at the time of its dissolution.
