Libro Primero · Título II · Capítulo I Párrafo IV. Deberes y derechos que nacen del matrimonio

By marriage, the woman has the right to add to her own surname that of her spouse and to retain it always, unless the marriage is dissolved by nullity or by divorce.

CONJUGAL REPRESENTATION. Conjugal representation corresponds in equal form to both spouses, who shall have equal authority and consideration in the home, shall by common agreement fix the place of their residence and shall arrange everything relating to the education and establishment of the children and to the family economy.

In case of divergence between the spouses, the family judge shall decide to whom it corresponds.

The husband owes protection and assistance to his wife and is obligated to supply her with everything necessary for the support of the household in accordance with his economic means.

Both spouses have the obligation to attend to and care for their children during the minority of the latter.

The wife shall also contribute equitably to the support of the household, if she has her own property or performs any employment, profession, trade or business; but if the husband is unable to work and lacks his own property, the wife shall cover all expenses with the income she receives.

The wife shall always have a preferential right over the husband's salary, wage or income, for the amounts corresponding to maintenance for herself and for her minor children.

The same right belongs to the husband in cases in which the wife has the obligation to contribute in whole or in part to family expenses.

In case of divergence between the spouses as to the exercise of conjugal representation, the Family Judge, considering the conduct of each of the members of the couple, both outside and inside the home, shall designate to which of the spouses representation is conferred, indicating the time for which it is conferred and the conditions that the other spouse must fulfill to recover the possibility of exercising it again.

In any case, administration shall be exercised individually, without need for a judicial declaration for such purpose in the following cases:

1.If the judicial interdiction of one of the spouses is declared;

2.In case of voluntary abandonment of the home or by declaration of absence; and

3.Upon sentence to imprisonment, for the entire time that it lasts.