Absolute Community

of Property (ACP)
PROVISION
S

Art. 88
Code)

104

(Family

DEFINITION
S

All Properties owned by

the contracting parties
before
the
marriage
ceremony
and
those
acquired after.

DISTINCTIO
N

Upon
Dissolution
and
liquidation of the ACP,
what is divided equally
between the spouses or
their heirs is the net
remainder
of
the
properties of the ACP

APPLICABIL
ITY
TO
ALIEN/FOR
EIGN
SPOUSE

NOT Applicable

COMMENCEME
NT

At the precise moment of

the marriage is celebrated

CONSTITUT
ES

All properties owned by

the spouses at the time of
the celebration of the
marriage
or
acquired
after. (Art. 91)

Conjugal Property
of Gains (CPG)

Complete
Separation of
Property (CSP)

Art. 105 - 133

Art. 143 - 146

Spouses place in a
common
fund
the
fruits, income of their
separate
property
which will be divided
equally
upon
the
dissolution
of
their
marriage
or
partnership.

Matrimonial
property
Regime agreed upon in
the
marriage
settlement
by
the
future
spouses
whereby each spouse
shall own, dispose of,
possess,
administer,
and enjoy his or her
own separate estate
and earning without
the consent of the
other.

Upon
dissolution
of
partnership,
the
separate property of
the
spouses
are
returned and only the
net
profits
of
the
partnership are divided
equally between the
spouses of their heirs
NOT Applicable

At the execution of
their
contract/agreement
and
marriage
celebration
Art. 117
1. Fruits of conjugal,
net
fruits
of
separate property
2. Occupation hunting
or fishing
3. Livestock in excess
4. Acquired
w/

Pre-Nuptial
Agreement
Each
parties
enjoy
his/her own property
without the consent of
the other spouse

APPLICABLE

At the execution of the

pre-nuptial agreement

none

EXCLUDED

CHARGES

Art. 92
1. Property
acquired
during the marriage &
fruits/income of the
spouses
UNLESS
EXPRESSLY PROVIDED
by
the
donor/testator/grantor
2. Exclusive
and
Personal
property
EXCEPT JEWELRY
3. Property
&Fruits/Income
acquire before the
marriage of either
spouse
who
has
legitimate
descendants
by
a
former marriage.
Art. 94
1. SUPPORT = Spouse,
Common Children and
Legitimate Children of
either spouse.
2. Debt & Obligations w/
or w/o consent
3. Prenuptial
debts
and
support
for
illegitimate
children, liabilities
for crime
4. Donated property
5. Expenses of litigation
6. Taxes, liens, charges,
expenses (educational
or preservation), repair
(major or minor)

conjugal funds
5. Hidden treasure
6. Labor,
industry,
work, profession
7. chance
Art 109
(exclusive
property
of
each
spouse)
1. Brought to the
marriage as his
or her own
2. Acquires during
the marriage by
gratuitous title
3. Acquired
by
redemption,
barter,
or
exchange
of
property
from
the
other
spouse
4. Exclusive
money of the
spouse
Art. 121
1. SUPPORT
=
Spouse,
Common
Children
and
Legitimate
Children
of
either spouse.
2. Debt
&
Obligations
w/
or w/o consent
3. Prenuptial
debts rounded
only
to
benefit
the
family
4. Donated
property
5. Expenses
of
litigation
6. Taxes,
liens,
charges,
expenses
(educational or
preservation),
repair (major or

None

none

minor)

ADMINISTRATI
ON &
ENJOYMENT

Both Parties

Each parties (Art. 110)

Exception:
- Cases of Disagreement

Each
parties
enjoy
his/her own property
without the consent of
the other spouse.

= HUSBAND WILL
PREVAIL, subject to the
recourse to the court by
the wife for proper
remedy)

Prescriptive period: 5
years from the date of the
contract implementing the
husbands decision)
TERMINATI
ON
or
DISSOLUTI
ON
LIQUIDATIO
N

1. DEATH OF SPOUSE
2. LEGAL SEPARATION DECREE
3. ANNULMENT or NULLITY DECLARATION
4. JUDICIAL SEPARATION OF PROPERTY
Art. 102
a. Inventory
of
all
property
b. Pay
Debts
and
Obligations
c. Return remainder of
separate properties of
spouses
d. Divide
equally net
remainder of ACP
e. Deliver
presumptive
legitimes
f. Adjudicate
conjugal
dwelling & custody of
children

Art 129
a. Inventory of all
property
b. Credit
amounts
advanced
by
the
Conjugal
Property
(Common
Fund)
for
payment
of
personal
debts
&
obligations
c. Reimburse
for
use of exclusive
funds
d. Pay
debts
&
obligation
e. Return
remainder
of
separate
properties
of
spouses
f. Indemnify loss
of
deterioration
of movables
g. Dived
equally
net
remainder

none

of ACP
h. Deliver
presumptive
legitimes
i. Adjudicate
conjugal
dwelling
custody
children

&
of