Section 1488.- If either husband or wife is to be personally liable for performing the obligation having incurred before or during the marriage, the said performance shall be first done by his or her Separate Property, if the obligation does not be performed in full, it shall be satisfied by his or her portion of the Marriage Portion.

 

Section 1489.- If the husband and wife are the joint debtor, the performance shall be done by the Marriage Portion and the Separate Property of both spouses.

 

Section 1490.- The obligation, which the husband and wife are jointly debtors, shall include the following obligation incurred by either husband or wife during marriage :

                  (1) Obligation in connection with the management of household affairs and the procurement affairs and the procurement of the necessities of the family, or the maintenance, the medical expenses of the household and the proper education of the children ;

                  (2) The obligation in respect of the Marriage Portion ;

                  (3) The obligation in regard to the business being carried on by the spouses in common ;

                  (4) The obligation incurred by either husband or wife for own benefit but the other party having ratified.

 

Section 1491.- If either husband or wife has been adjudged as bankrupt, the Marriage Portion shall be divided by the operation of law as from the date of adjudication.

 

Section 1492.- When the Marriage Portion having been divided in accordance with the second paragraph of Section 1484, Section 1491 or the second paragraph of Section 1598/17, the portion so divided becomes the Separate Property of either husband or wife, and all properties obtained by either party after having been divided shall not be deemed as the Marriage Portion but it shall be deemed as the Separate Property of the party, and the Marriage Portion obtained by spouse through the will or in writing under Section 1474 (2) in later shall be the Separate Property of the husband and wife equally.

The fruits of the Separate Property having accrued after the division of the Marriage Portion shall be the Separate Property.

 

Section 1492/1.- In case of the division of the Marriage Portion to be done by the order of the Court, the cancellation for division of the Marriage Portion shall be done when either husband or wife files an application with the Court, and the Court has given the order for revocation. If objection to the request is raised by either husband or wife, the Court cannot issue an order for the cancellation of the division of the Marriage Portion unless the grounds for division of the Marriage Portion have terminated.

When there is the cancellation for the division of the Marriage Portion, or the division of the Marriage Portion has come to an end because either husband or wife has been relieved from being bankrupt, the property being the Separate Property on the date of the order of the Court, or on the date of husband or wife relieving from being bankrupt shall remain as the same Separate Property.

 

Section 1493.- In case of the Marriage Portion is non-existence, both husband and wife must be liable to pay for the household expenses in proportion to own Separate Property.