Page 86 - Important Provisions of The New Civil Code

Article 103. Upon the termination of the

marriage by death, the community property

shall be liquidated in the same proceeding for

the settlement of the estate of the deceased.

If no judicial settlement proceeding is

instituted, the surviving spouse shall liquidate

the community property either judicially or

extra-judicially within six months from the

death of the deceased spouse. If upon the lapse

of the six months period, no liquidation is made,

any disposition or encumbrance involving the

community property of the terminated

marriage shall be void.

Should the surviving spouse contract a

subsequent marriage without compliance with

the foregoing requirements, a mandatory

regime of complete separation of property shall

govern the property relations of the subsequent

marriage. (n)