Article 202: Ante-nuptial debts of either spouse shall not be paid from the community, unless the same have redounded to the benefit of the family.
EXPLANATION:
It is justified by the principle behind No. 3, Article 91 of the Family Code of the Philippines 2009 Revised Edition as stated “ Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited”supra and in keeping with the rule against unjust enrichment at the expense of innocent third person or creditors.
To the extent that if family is benefited, the community property is answerable even if the ante-nuptial debt is incurred by only one spouse shall not be paid from the community.And to the extent that the family is not benefited, only the separate property of the spouse concerned will be answerable.
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