ABSOLUTE COMMUNITY PROPERTIES CONJUGAL PARTNERSHIP OF GAINS properties Not SEPARATE

All the property owned by the spouses at the time of celebration of the husband and wife place in a common fund the proceeds,
the marriage or acquired thereafter. products, fruits and income from their separate properties and those
acquired by either or both spouses through their efforts or by chance

Except: otherwise provided in this chapter or in any marriage (1) Those acquired by onerous title during the marriage at the
settlements expense of the common fund, whether the acquisition be for the
partnership, or for only one of the spouses;

(2) Those obtained from the labor, industry, work or profession of

either or both of the spouses;

(3) The fruits, natural, industrial, or civil, due or received during the
marriage from the common property, as well as the net fruits from the
exclusive property of each spouse;

(4) The share of either spouse in the hidden treasure which the law
awards to the finder or owner of the property where the treasure is
found;

(5) Those acquired through occupation such as fishing or hunting;

(6) Livestock existing upon the dissolution of the partnership in excess

of the number of each kind brought to the marriage by either spouse;
and

(7) Those which are acquired by chance, such as winnings from

gambling or betting. However, losses therefrom shall be borne
exclusively by the loser-spouse.

Acquisitions during marriage are presumed to belong to the Acquisitions during marriage, whether the acquisition appears to have
community unless provided as exclusive been made, contracted or registered in the name of one or both
spouses, is presumed to be conjugal unless the contrary is proved

during the marriage in any game of chance, betting, sweepstakes, or any other kind of gambling, whether permitted or prohibited by law:

any winnings shall form part of the community/conjugal property

Whatever may be lost shall be borne by the loser and shall not be charged to the community/conjugal property

EXCLUSIVE EXCLUSIVE SEPARATE

1) Property acquired during the marriage by gratuitous title by either (1) That which is brought to the marriage as his or her own; Should the future spouses agree in the marriage
spouse, and the fruits as well as the income thereof, if any, unless it settlements that their property relations during marriage
is expressly provided by the donor, testator or grantor that they shall be the regime of separation of property
form part of the community property;

(2) Property for personal and exclusive use of either spouse. (2) That which each acquires during the marriage by gratuitous title; Separation of property may refer to present or future
property or both. It may be total or partial.
However, jewelry shall form part of the community property; If partial, the property not agreed upon as separate shall
pertain to the absolute community
(3) Property acquired before the marriage by either spouse who has (3) That which is acquired by right of redemption, by barter or by
legitimate descendants by a former marriage, and the fruits as well as exchange with property belonging to only one of the spouses; and
the income, if any, of such property.

(4) That which is purchased with exclusive money of the wife or of the
husband

SEPARATION IN FACT, EFFECTS SEPARATION IN FACT, EFFECTS

The separation in fact between husband and wife shall not affect the regime except that:

(1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported;

(2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary
proceeding;

(3) In the absence of sufficient community/conjugal property, the separate property of both spouses shall be solidarily liable for the support of
the family.

The spouse present shall, upon proper petition in a summary proceeding, be given judicial authority to administer or encumber any specific
separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter's share

MANAGEMENT & DISPOSAL MANAGEMENT & DISPOSAL MANAGEMENT & DISPOSAL

spouses retain the ownership, possession, administration and
enjoyment of their exclusive properties.
alienation of any exclusive property of a spouse administered by the
other automatically terminates the administration over such property
and the proceeds of the alienation shall be turned over to the owner-
spouse.

Property donated or left by will to the spouses, jointly and with

designation of determinate shares, shall pertain to the donee-spouses
as his or her own exclusive property, and in the absence of
designation, share and share alike, without prejudice to the right of
accretion when proper.

If the donations are onerous, the amount of the charges shall be

borne by the exclusive property of the donee spouse, whenever they
have been advanced by the conjugal partnership of gains.

Retirement benefits, pensions, annuities, gratuities, usufructs and

similar benefits shall be governed by the rules on gratuitous or
onerous acquisitions as may be proper in each case
MAY:
during the marriage, transfer the administration of his or her exclusive
property to the other

by means of a public instrument, which shall be recorded in the

registry of property of the place the property is located.

spouse of age may mortgage, encumber, alienate or otherwise Shall dispose of, possess, administer and enjoy his or her
dispose of his or her exclusive property, without the consent of the own separate estate, without need of the consent of the
other spouse, and appear alone in court to litigate with regard to the other.
same.
shall belong all earnings from his or her profession,
business or industry and all fruits, natural, industrial or
civil, due or received during the marriage from his or her
separate property
dispose by will of his or her interest in the community property.

without the consent of the other, make moderate donations from the without the consent of the other, make moderate donations from the
community property for charity or on occasions of family rejoicing or conjugal partnership property for charity or on occasions of family
family distress. rejoicing or family distress

MAY NOT:

Neither spouse may donate any community property without the may donate any conjugal partnership property without the consent of
consent of the other. the other.

CHARGES CHARGES CHARGES

1. Support of spouses, their common children, legitimate children of (1) The support of the spouse, their common children, and the
either spouse (support of illegitimate children shall be governed by legitimate children of either spouse; however, the support of
provisions of this code on support) illegitimate children shall be governed by the provisions of this Code
on Support;

6. Expenses to enable either spouse to commence or complete a (6) Expenses to enable either spouse to commence or complete a
professional or vocational course, or other activity for self- professional, vocational, or other activity for self-improvement;
improvement
8. Value of what is donated or promised by both spouses in favor of (8) The value of what is donated or promised by both spouses in favor
their common legitimate children for the exclusive purpose of of their common legitimate children for the exclusive purpose of
commencing or completing a professional or vocational course or commencing or completing a professional or vocational course or
other activity for self improvement other activity for self-improvement;

2. Debts & obligations contracted during the marriage by the (2) All debts and obligations contracted during the marriage by the
designated administrator-spouse for the benefit of the community designated administrator-spouse for the benefit of the conjugal
property, or by both spouses, or by one spouse with the consent of partnership of gains, or by both spouses or by one of them with the
the other consent of the other;

3. Debts and obligations contracted by either spouse without consent (3) Debts and obligations contracted by either spouse without the
of the other to the extent that the family may have been benefited consent of the other to the extent that the family may have benefited;
7. Antenuptial debts of either spouse insofar as they have redounded (7) Antenuptial debts of either spouse insofar as they have redounded
to the benefit of the family to the benefit of the family;

9. Antenuptial debts of either spouse other than those falling under

par7, the support of illegitimate children of either spouse and liabilities
incurred by either spouse by reason of a crime or quasi-delict, in case
of absence of insufficiency of the exclusive property of the debtor
spouse, the payment of which shall be considered as advances to be
deducted from the share of the debtor spouse upon liquidation of the
community
4. All taxes, liens, charges, and expenses, including major and minor (4) All taxes, liens, charges, and expenses, including major or minor Both spouses shall bear the family expenses in
repairs, upon the community property repairs upon the conjugal partnership property proportion to their income, or, in case of insufficiency or
default thereof, to the current market value of their
separate properties.
5. All taxes and expenses for mere preservation made during (5) All taxes and expenses for mere preservation made during the
marriage upon the separate property of either spouse used by the marriage upon the separate property of either spouse;
family
10. Expenses of litigation between spouses unless suit is found to be (9) Expenses of litigation between the spouses unless the suit is
groundless found to groundless.

Spouse become solidarily liable for liabilities unpaid by ACP except Spouse become solidarily liable for liabilities unpaid by CPG The liabilities of the spouses to creditors for family
par9 liabilities. expenses shall, however, be solidary

DISSOLUTION DISSOLUTION DISSOLUTION

(1) Upon the death of either spouse; (1) Upon the death of either spouse;

(2) When there is a decree of legal separation; (2) When there is a decree of legal separation;

(3) When the marriage is annulled or declared void; (3) When the marriage is annulled or declared void;

(4) In case of judicial separation of property during the marriage (4) In case of judicial separation of property during the marriage under
under Article 134 to 138 Article 134 to 138

and, upon dissolution of the marriage or of the partnership, the net

gains or benefits obtained by either or both spouses shall be divided
equally between them, unless otherwise agreed in the marriage
settlements.
PROCEDURES UPON LIQUIDATION PROCEDURES UPON LIQUIDATION PROCEDURES UPON LIQUIDATION
(1) An inventory shall be prepared, listing separately all the properties (1) An inventory shall be prepared, listing separately all the properties
of the absolute community and the exclusive properties of each of the conjugal partnership and the exclusive properties of each
spouse. spouse.

(2) Amounts advanced by the conjugal partnership in payment of

personal debts and obligations of either spouse shall be credited to
the conjugal partnership as an asset thereof.
 (3) Each spouse shall be reimbursed for the use of his or her
exclusive funds in the acquisition of property or for the value of his or
her exclusive property, the ownership of which has been vested by
law in the conjugal partnership.

(2) The debts and obligations of the absolute community shall be paid (4) The debts and obligations of the conjugal partnership shall be paid
out of its assets. In case of insufficiency of said assets, the spouses out of the conjugal assets. In case of insufficiency of said assets, the
shall be solidarily liable for the unpaid balance with their separate spouses shall be solidarily liable for the unpaid balance with their
properties in accordance with the provisions of the second paragraph separate properties, in accordance with the provisions of paragraph
of Article 94. (2) of Article 121.

(3) Whatever remains of the exclusive properties of the spouses shall (5) Whatever remains of the exclusive properties of the spouses shall
thereafter be delivered to each of them. thereafter be delivered to each of them.

(6) Unless the owner had been indemnified from whatever source, the
loss or deterioration of movables used for the benefit of the family,
belonging to either spouse, even due to fortuitous event, shall be paid
to said spouse from the conjugal funds, if any.

(4) The net remainder of the properties of the absolute community (7) The net remainder of the conjugal partnership properties shall
shall constitute its net assets, which shall be divided equally between constitute the profits, which shall be divided equally between husband
husband and wife, unless a different proportion or division was and wife, unless a different proportion or division was agreed upon in
agreed upon in the marriage settlements, or unless there has been a the marriage settlements or unless there has been a voluntary waiver
voluntary waiver of such share provided in this Code. or forfeiture of such share as provided in this Code.

For purpose of computing the net profits subject to forfeiture in

accordance with Articles 43, No. (2) and 63, No. (2), the said profits
shall be the increase in value between the market value of the
community property at the time of the celebration of the marriage and
the market value at the time of its dissolution.

(5) The presumptive legitimes of the common children shall be (8) The presumptive legitimes of the common children shall be
delivered upon partition, in accordance with Article 51. delivered upon the partition in accordance with Article 51.

(6) Unless otherwise agreed upon by the parties, in the partition of (9) In the partition of the properties, the conjugal dwelling and the lot
the properties, the conjugal dwelling and the lot on which it is situated on which it is situated shall, unless otherwise agreed upon by the
shall be adjudicated to the spouse with whom the majority of the parties, be adjudicated to the spouse with whom the majority of the
common children choose to remain. common children choose to remain.

Children below the age of seven years are deemed to have chosen Children below the age of seven years are deemed to have chosen
the mother, unless the court has decided otherwise. In case there in the mother, unless the court has decided otherwise. In case there is
no such majority, the court shall decide, taking into consideration the no such majority, the court shall decide, taking into consideration the
best interests of said children. best interests of said children.

From the common mass of property support shall be given to the

surviving spouse and to the children during the liquidation of the
inventoried property and until what belongs to them is delivered
 but from this shall be deducted that amount received for support
which exceeds the fruits or rents pertaining to them.

GOVERNING PROVISIONS GOVERNING PROVISIONS GOVERNING PROVISIONS

Governing: marriage settlement Governing: marriage settlement

Supplementary: the provisions in this Chapter Supplementary: the provisions in this Chapter

The provisions of this Chapter shall also apply to conjugal

partnerships of gains already established between spouses before the
effectivity of this Code, without prejudice to vested rights already
acquired in accordance with the Civil Code or other laws, as provided
in Article 256.

The provisions on co-ownership shall apply to the absolute governed by the rules on the contract of partnership in all that is not in
community of property between the spouses in all matters not conflict with what is expressly determined in this Chapter or by the
provided for in this Chapter. spouses in their marriage settlements

Rules of Court: on the administration of estates of deceased persons

shall be observed in the appraisal and sale of property of the conjugal
partnership, and other matters which are not expressly determined in
this Chapter

ADDTNL RULES ADDTNL RULES

-Assets-

Property bought on installments paid partly from exclusive funds of

either or both spouses and partly from conjugal funds:

conjugal partnership if such ownership was vested during the

marriage

belongs to the buyer or buyers if full ownership was vested before the
marriage

In either case, any amount advanced by the partnership or by either

or both spouses shall be reimbursed by the owner or owners upon
liquidation of the partnership

Whenever an amount or credit payable within a period of time belongs

to one of the spouses:

the sums which may be collected during the marriage in partial

payments or by installments on the principal shall be the exclusive
property of the spouse
interests falling due during the marriage on the principal shall belong
to the conjugal partnership.

The ownership of improvements, whether for utility or adornment,

made on the separate property of the spouses at the expense of the
partnership or through the acts or efforts of either or both spouses:

of the improvement made by the conjugal partnership and any

resulting increase in value are more than the value of the property at
the time of the improvement, the entire property of one of the spouses
shall belong to the conjugal partnership, subject to reimbursement of
the value of the property of the owner-spouse at the time of the
improvement;

otherwise, said property shall be retained in ownership by the owner-

spouse, likewise subject to reimbursement of the cost of the
improvement.

In either case, the ownership of the entire property shall be vested

upon the reimbursement, which shall be made at the time of the
liquidation of the conjugal partnership.

-Liabilities-

personal debts contracted by the husband or the wife before or during

the marriage:

exclusive of each

conjugal: redounded to the benefit of the family.

fines and pecuniary indemnities imposed upon spouse: are not

charged to the partnership.

personal debts contracted by either spouse before the marriage, that

of fines and indemnities imposed upon them, as well as the support of
illegitimate children of either spouse:

may be enforced against the partnership assets after the

responsibilities enumerated charges provision, if the spouse who is
bound should have no exclusive property or if it should be insufficient;

but at the time of the liquidation of the partnership, such spouse shall
be charged for what has been paid for the purpose above-mentioned
 ABSOLUTE COMMUNITY OF PROPERTIES and CONJUGAL PSHP OF GAINS
Property regime shall commence at the precise moment that the marriage is celebrated. Any stipulation, express or implied, for the commencement at any other time shall be
void

No waiver of rights, shares and effects of the property during the marriage can be made except in case of judicial separation of property.

When the waiver takes place upon a judicial separation of property, or after the marriage has been dissolved or annulled, the same shall appear in a public instrument and shall
be recorded as provided in Article 77. The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to
cover the amount of their credits.

The administration and enjoyment of the community/conjugal property shall belong to both spouses jointly.

In disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of
the contract implementing such decision

In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of
administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such
authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and
the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or
both offerors.

If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family, the aggrieved spouse may petition the court for receivership, for
judicial separation of property or for authority to be the sole administrator of the absolute community, subject to such precautionary conditions as the court may impose.

The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property relations.

Abandoned:

has left the conjugal dwelling without intention of returning-

- The spouse who has left the conjugal dwelling for a period of three months or

- has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling.

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.

Whenever the liquidation of the community properties of two or more marriages contracted by the same person before the effectivity of this Code is carried out simultaneously,
the respective capital, fruits and income of each community shall be determined upon such proof as may be considered according to the rules of evidence. In case of doubt as
to which community the existing properties belong, the same shall be divided between the different communities in proportion to the capital and duration of each.
 REGIME WITHOUT MARRIAGE
- capacitated to marry each other, In cases of cohabitation where one requisite is missing

- live exclusively with each other as husband

- wife without the benefit of marriage or under a void marriage

their wages and salaries shall be owned by them in equal shares

the property acquired by both of them through their work or industry shall be only the properties acquired by both of the parties through their actual
governed by the rules on co-ownership. joint contribution of money, property, or industry shall be owned by
them in common in proportion to their respective contributions.

In the absence of proof to the contrary, properties acquired while they lived together In the absence of proof to the contrary, their contributions and
shall be presumed to have been obtained by their joint efforts, work or industry, corresponding shares are presumed to be equal. The same rule and
and shall be owned by them in equal shares. (a party who did not participate in the presumption shall apply to joint deposits of money and evidences of
acquisition by the other party of any property shall be deemed to have contributed credit.
jointly in the acquisition thereof if the former's efforts consisted in the care and
maintenance of the family and of the household.)

If one of the parties is validly married to another,

- his or her share in the co-ownership shall accrue to the

absolute community or conjugal partnership existing in
such valid marriage.

When only one of the parties to a void marriage is in good faith, the share of the If the party who acted in bad faith is not validly married to another,
party in bad faith in the co-ownership shall be forfeited in favor of their common
children, descendants, surviving descendants. In the absence of descendants (In all - his or her shall be forfeited in the manner provided in the
cases, the forfeiture shall take place upon termination of the cohabitation) last paragraph of the preceding Article.

The foregoing rules on forfeiture shall likewise apply even if both

parties are in both faith