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CONJUGAL PARTNERSHIP OF GAINS

 

ABSOLUTE COMMUNITY OF PROPERTY

 

Under the Civil Code, before the effectivity of the Family Code, this was the default property regime.

After August 3, 1988, the date of the effectivity of the Family Code, this was the default p roperty regime.

General Rule

All property acquired during marriage, whether the acquisition appears to have been made, contracted, or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved.

All property acquired during marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom/unless otherwise provided in Chapter 3 or in the marriage settlements.

Even if they live separately for the controlling factor is the source of the money utilized in the purchase .

When it commences

At the precise moment the marriage ceremony is celebrated (what is considered is the hour and not the date of marriage)

Prohibition of Waiver

No waiver of rights, interests, shares, and effects of the CPG /ACP can be made during the marriage except upon JSOP

Rules of Co - O wnership / Partnership

Rules on partnership apply when not in conflict with what is expressly determined in Chapter 4 or by the spouses in their settlements

Rules of co - ownership apply in a suppletory manner

 

Article 106

A ll properties owned by the contracting parties before the marriage ceremony and those which they may acquire thereafter shall comprise the absolute community of property regime .

Proceeds, products, fruits, and income from their separate properties

A cquired by either or both spouses through their efforts or by chance

Article 95

Article 115

Winnings from any game of chance, betting, sweepstakes, or any other kind of gambling, whether permitted or prohibited by law

Annuities are part of the CPG

Article 117

Common Fund /Property

Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses;

 

Those obtained from the labor, industry, work or profession of either or both of the spouses;

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;

 

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

 

Those acquired through occupation such as fishing or hunting;

Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse; and

Those which are acquired by chance, such as winnings from gambling or betting. However, losses therefrom shall be borne exclusively by the loser - spouse.

 

Article 109

Article 91 and Article 92

B rought to the marriage as his or her own

E ach acquires dur ing the marriage by gratuitous title (act of liberality of the giver)

A cquired by right of redemption, by barter, or by exchange with property belonging to only one of the spouses

Anythi ng that the spouses exclude from the community property in marriage settlements

Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof unless expressly provided by the donor, testator or grantor that they shall form part of the community property

Property for personal and exclusive use of either spouse (including jewelry)

Exclusive Property

P urchased with excl usive money of the wife or husband

Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property

 

Article 109

 

Exercise all rights of dominion over their own exclusive properties

Rights over Exclusive Property

Properties cannot be encumbered, alienated, nor disposed of by the other spouses without the consent of the owner - spouse

Nature of property as separate shall remain unless contrary is prov ided by positive & convincing evidence

Charges upon and Obligations of the Common Fund

Article 121

A rticle 94

The support of the spouse, their common children, and the legitimate children of either spouse; however, the

The support of the spouses, their common children, and legitimate children of either spouse; however,

support of illegitimate children shall be governed by the provisions of this Code on Support;

the support of illegitimate children shall be governed by the provisions of this Code on Support;

All debts and obli gations contracted during the marriage by the designated administrator - spouse for the benefit of the conjugal partnership of gains, or by

All debts and obligations contracted during the marriage by the designated administrator - spouse for

both spouses or by one of them with the consent of the other;

Debts and obligations contracted by either spouse wi thout the consent of the other to the extent that the family may have benefited;

All taxes, liens, charges, and expenses, including major or minor repairs upon the conjugal partnership property;

All taxes and expenses for mere preservation made dur ing the marriage upon the separate property of either spouse;

Expenses to enable either spouse to commence or complete a professional, vocational, or other activity for self - improvement;

Ante - nuptial debts of either spouse insofar as they have redo unded to the benefit of the family;

The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for se lf - improvement; and

Expenses of litigation between the spouses unless the suit is found to groundless.

Almost same as Article 94 except for the following:

the benefit of the community, or by both spouses, or by one spouse with the consent of the other;

Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited;

All taxes, liens, charges and expenses, including major or minor repairs, upon the community property;

All taxes and exp enses for mere preservation made during marriage upon the separate property of either spouse used by the family;

Expenses to enable either spouse to commence or complete a professional or vocational course, or other activity for self - improvement;

A nte - nuptial debts of either spouse insofar as they have redounded to the benefit of the family;

The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self - improvement;

Ante - nuptial debts of either spouse other than those falling under paragraph (7) of this Article, the

support of illegitimate children of either spouse, and liabilities incurre d by either spouse by reason

support of illegitimate childre n

of a crime or a quasi - delict, in case of absence or 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 liqu idation of the community ; and

E xpenses of litigation between the spouses unless the suit is found to be groundless.

payment of fines (may be charged even be fore liquidation of the partner ship)

indemnities arising from crimes and quasi - delicts (no duty to make advanced payments for this) They can only be enforced against the partnership assets after the responsibilities enumerated above have been covered if the

 

spouse who is bound have no exclusive property or it is insu fficient.

 

CPG has no duty to make a payment in advance for liability of the debtor - spouse which shall be reimbursed o r paid at the time of liquidation

 

Conjugal pr operties belong equally to the husband and

J oint administration spouses are co - owners

w

ife

In case of disagreement: husband ’ s decision will prevail (wife can go to court for proper remedy within 5 years from the date of contract)

If spouse is incapacitated or otherwise unable to participate in administration, other spouse may assume sole powers (do not include powers of disposition and encumbrance for it needs that authority of court or written consent of spouse)

In case of disagreement: husband ’ s decision will prevail (wife can go to court for proper remedy within 5 years from the date of contract)

If

spouse is incapacitated or otherwise unable to

Administration

participate in administration, other spouse may assume sole powers (do not include powers of disposition and encumbrance for it needs that authority of court or written consent of spouse)

If

a spouse sells or encumbers a conjugal property

 

without the knowledge and consent of the other, such sale is VOID

I f a spouse sells or encumber a conjugal property with the knowledge but without the consent of the other, it

is

ANNULLABLE.

 

Article 99 an d Article 126

 

Upon death of either spouse

Termination

When there is a decree of legal separation

When the marriag e is annulled or is declared voi d in case of JSOP dur ing marriage under Art. 134 to Art. 138

 

It will not affect the regime exc ept that

 

Spouse who leaves conjugal home or refuses to live therein, without just cause, shall not have the right to be supported

Consent of one spouse for a transaction is required by law, judicial authorization may be obtained in a summary proceeding

Separation in Fact of Spouses

Absence of sufficient community property, separate property of both spouses shall be solidarily liabl e for support. The spouse present can be given judicial authority to administer or encumber any specific separate property of other spouse

W hatever is left of the separate properties will be returned to the spouses in equal amounts after deducting debts, e tc.

All net gains or benefits obtained indiscriminately by either spouse during the marriage will be divided equally

If the CPG is enriched at the expense of the separate properties of either spouse, said spouse will be restituted the value of the property

What spouses get back after marriage

Note: Possible Recit Questions

1

When can you have CPG as a property regime? (1) Marriage settlement (2) Before FC

2

Why can ’ t you change CPG to ACP (if you contracted marriage before FC and the FC comes into effectivity)? Civil Code was the law existing at the time of the celebration of the marriage

3

What is vested right? a right belonging completely and unconditionally to a person as a pro perty interest which cannot be impaired or taken away (as through retroactive legislation) without the consent of the owner.

4

When can you have complete separation of property? (1) Specified in marriage settlement (2) When spouse dies and other remarries without first liquidating the properties from the former marriage (3) When there is JDPD and the other remarries without firs t liquidating the properties of the first marriage (4 ) when spouses obtain legal separation