Article 206:The ownership, administration, possession and enjoyment of the common property belong to both spouses jointly. In case of disagreement, the courts shall settle the difficulty.
EXPLANATION:
Both spouses shall jointly administer and enjoy the community property. In case if disagreement, it is the husband’s decision that shall prevail except when ordered otherwise by the court upon the wife’s recourse to it. The wife has five years to question a contract entered into by the husband arising from the power of administration or enjoyment.
A spouse has the right to enjoy, including the right to use a community property like a car, vacation house, etc. he or she should enjoy or use the same without unjustly depriving the other spouse of his or her right over it.
As to acts of administration, reference may be made to the pertinent rules agency. One spouse may execute acts of administration without getting the consent of the other spouse for to do so may harm the smooth management of the household. Either of the spouses may execute acts of administration but it would be better to consult first the other. For example, if the spouses have placed their community property like apartments in business. Only one spouse may do collection of rentals. Ordinary repairs of these apartments may be initiated by one or either spouse. If a lease on one apartment expires, either spose may enter into a contract or lease with a third person for a period not exceeding one year without the consent of the other. But it was held that leasing a realty is encumbering the same.
Payments for liabilities or responsibilities are acts of administration which either spouse may do. I believe that joint administration means by one or by both of the spouses as opposed to sole administration.
In cases of acts of strict ownership by one spouse, there should be consent of other spouse. acts of compromise, novation, mortgage, lease for more than one year, waiver of rights, etc. are acts of strict dominion and must be consented to by the other spouse.
If one spouse is incapacitated( as when he suffers from serious illness0 or unable to participate in the administration of the common property ( as when he goes abroad on a business trip), the other spouse ( without need of judicial authority ) may assume sole powers of administration.
The powers of administration do not include disposition ( alienation in any form) or encumbrance without the written consent of the other spouse, or without , in the proper case, authority from the court. If a spouse disposes or encumbers a community property ( real or personal) without such consent or authority, such disposition or encumbrance shall be void. But this nature of being void, the transaction ( disposition or encumbrance ) constitutes a continuing offer of the other spouse or authority by the court unless the offer is withdrawn earlier.
Note that there are dispositions that do not consent by both spouses, or authority by the court.
Abuse of the power of administration ( or enjoyment) may take place. Regardless of whether the spouses keep separate accounts or not, one spouse may question and ask for accounting from the other spouse to know if administration is really done properly, prudently and appropriately. It may happen that a rich wife may be a sugar mommy of a young man upon whom she showers material blessings to the utter prejudice of the family and the community or a dishonest husband may be maintaining a querida who gold-digs money, jewelry, etc. from the immoral husband. Or an immoral wife may be buying indiscriminately jewelries at excessive prices that may result in dissipation of the treasures of the community. Accounting may be legally demanded by one spouse against the other spouse or the court may order mutual accounting for the peace of mind of the spouses and the family. The court may, in appropriate case, order separation of property or receivership, or the court may order that the honest spouse assume sole administration of the community or partnership.
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