CATEGORY ABSOLUTE COMMUNITY OF PROPERTY CONJUGAL PARTNERSHIP OF GAINS SEPARATION OF PROPERTY

Definition Husband and wife become joint owners of all properties of
the marriage
When shall govern Marriages entered into on August 3, 1988 onwards:
1. Agreed upon in marriage settlement
2. By default, when spouses did not execute marriage
settlement
3. By default, when marriage settlement is void
Special type of partnership where husband and
wife place in a common fund proceeds, products,
fruits and income from their separate properties
and those acquired by either or both spouses
through their efforts or by chance
1. Marriages entered into before August 3,
1988
2. Express agreement in marriage settlement
Each spouse shall own, dispose of, possess, administer
and enjoy his or her own separate property, whether
acquired prior to or during the marriage, without
need of consent of the other.
• Agreement in marriage settlement
• Previous marriage has been terminated by
death of one spouses and subsequent
marriage, without subjecting ACP/CPG to
liquidation within a period of 1 year from
death of spouse
• Finality of a decree of legal separation
• Court approves joint petition for voluntary
dissolution of ACP/ CPG
• Decree of separation of property:
o Spouse has been sentenced to a
penalty which carries with it civil
interdiction
o Spouse was judicially declared an
absentee
o Loss of parental authority has been
decreed
o Spouse has abandoned or failed to
comply with obligations to the family
o Spouse abused grant of power of
administration in marriage settlement
o Separation in fact for at least 1 year
and reconciliation is highly
improbable

Commencement Upon celebration of marriage. Any stipulation to the contrary in the marriage settlement is void. • Marriage settlement before marriage
• Judicial order
Prohibition on General rule: No waiver
Waiver of Rights,
Interests, Shares Exception: Judicial separation of property
and Effects
Waiver takes place upon:
1. Judicial separation of property
2. After marriage has been dissolved or annulled

Formalities:
1. Public instrument & signed by parties
2. Registered in local civil registry where marriage contract is recorded
3. Proper registries of property

Property covered All of the property owned by the spouses at the time of the
celebration of marriage or acquired thereafter.
1.
Proceeds, products, fruits and income from The following are separate properties of the spouses:
separate properties, and those acquired by efforts • Properties acquired before and during
or by chance marriage
• All earnings from profession, business, or
Conjugal Partnership (Section 3) industry
• Acquired by onerous title during marriage • All fruits, natural, civil, or industrial
at the expense of common fund
• Labor, work, industry or profession of Separation of property may refer to present or future
spouses property or both. It may be partial or total.
• Fruits, natural, industrial, or civil, due or • Partial – property not agreed upon shall
received during the marriage from pertain to absolute community
common property
• Net fruits from exclusive properties of
each spouse
• Share in hidden treasure
• Acquired through occupation such as
fishing or hunting
• Livestock existing upon the dissolution of
partnership in excess of the number of
each kind brought to the marriage by
either spouse
• Winnings from games of chance
Exclusions to 1. Property acquired during marriage by gratuitous
common property title, as well as fruits and income thereof, unless
stipulated by donor/testator/grantor that such form
part of community property;
2. Personal and exclusive use of either spouse, except
jewelry which shall form part of community
property;
3. Property acquired before the marriage by either
spouse who has legitimate descendants by former
marriage, as well as fruits and income thereof; and
4. Properties excluded by virtue of stipulation in
marriage settlement, as long as within the limits of
FC
1. Those brought to marriage as his or her N/A – no common property. For partial agreement,
own those not agreed upon shall follow ACP.
2. Those acquired during marriage through
gratuitous title
3. Those acquired by right of redemption,
barter, or exchange with property
belonging to only one of the spouses
4. Those purchased with exclusive money of
husband or wife
5.
Property Presumed to belong to community property, unless proved Presumed to belong to conjugal, unless proved To each spouse shall belong all earnings from her
Acquisition During otherwise otherwise profession, business, or industry and all fruits,
Marriage • Onerous donations – remains exclusive natural, industrial or civil, due or received during the
property; amount of charges to be borne marriage from his or her separate property.
by exclusive property of donee-spouse
when advanced by the conjugal
partnership
• Retirement benefits, pensions, annuities,
gratuities, usufructs and similar benefits –
conjugal partnership
• Bought on installments
o Paid partly exclusive, partly
conjugal – exclusive if ownership
vested before marriage; conjugal
if ownership vested during
marriage
• Amount/credit payable belonging to one
of the spouses
o Sums collected during marriage in
installments – exclusive property
of spouse
o Interests – conjugal
• Ownership of improvements made on
separate property at the expense of the
partnership or through acts or efforts of
either or both spouses:
o Cost of improvement made by
conjugal partnership + any
resulting increase in value more
than value of property at the
time of improvement – entire
property shall be conjugal,
subject to reimbursement of
value at the time of improvement
to owner-spouse
o As above, but less than –
exclusive property, subject to
reimbursement of conjugal
partnership or other spouse
o Ownership shall vest only upon
reimbursement
Sale or Exchange • By stipulation – proceeds shall form part of the • Proceeds shall not form part of conjugal • Separate property
of Separate community property property
Properties • By default (FC) – proceeds shall follow the property
- exclusive
Charges Upon and Absolute community shall be liable for:
Obligations 1. Support – spouses, common children, and legitimate
children of either spouses
*illegitimate children –
exclusive property
2. Debts and obligations contracted during marriage:
a. By designated administrator-spouse for
benefit of community
b. Both spouses
c. One spouse with consent of the other
3. Debts and obligations contracted by either spouse
without consent of the other to the extent that
family may have been benefited
4. Taxes, liens, charges and expenses, including major
and minor repairs, of community property
5. Taxes and expenses for preservation made during
marriage upon separate property of spouse used by
family
6. Expenses to enable either spouse for professional or
vocational course, or other activity for self-
improvement
7. Antenuptial debts of either spouse that redounded
to benefit of the family
8. Value of what is donated or promised by both
spouses in favor of their common legitimate children
for professional or vocational course, or other
activity for self-improvement
9. The following shall be considered advances to be
deducted from share of the debtor-spouse upon
liquidation of community in the insufficiency of
exclusive property of spouses:
a. Antenuptial debts other than those in (7)
b. Support of illegitimate children
c. Liabilities incurred by spouse/s by reason of
crime of quasi-delict
10. Expenses of litigation between spouses unless suit is
groundless
Insufficient community property – spouses shall be solidarily
liable for unpaid balance with their separate properties
Conjugal partnership shall be liable for: Both spouses shall bear family expenses in proportion
1. Support – spouses, common children, and to their income. In case of insufficiency, to the
legitimate children of either spouses current market value of their separate properties.
*illegitimate children – exclusive property
2. Debts and obligations contracted during Liabilities of spouses to creditors for family expenses
marriage: shall be solidary.
a. By designated administrator-
spouse for benefit of conjugal
partnership
b. Both spouses
c. One spouse with consent of the
other
3. Debts and obligations contracted by
either spouse without consent of the
other to the extent that the family may
have been benefited
4. Taxes, liens, charges and expenses,
including major and minor repairs, of
conjugal partnership property
5. Taxes and expenses for mere preservation
made during marriage upon separate
property of either spouse
6. Expenses to enable either spouse for
professional or vocational course, or other
activity for self-improvement
7. Antenuptial debts of either spouse insofar
as they have redounded to the benefit of
the family
8. Value of what is donated or promised by
both spouses in favor of their common
legitimate children for professional or
vocational course, or other activity for
self-improvement
9. Expenses of litigation between spouses
unless suit is found to be groundless
10. Personal debts contracted by spouses
before or during marriage that redounded
to the benefit of the family
a. Spouse with insufficient exclusive
property – shall be borne by the
conjugal partnership but is
charged for what has been paid
for upon liquidation
Game of chance/ • Losses – borne by the loser spouse Separate property
betting/ • Winnings – form part of common property
sweepstakes/ any
form of gambling

Ownership, Community Property Exclusive Property Each spouse shall own, dispose of, possess,
Administration, • Belong to both spouses jointly. • Retained by spouse/s administer, and enjoy his or her own estate without
Enjoyment and • Disagreements – husband shall prevail with recourse • Transfer of administration to other spouse the need of the consent of the other.
Disposition of to court by wife for proper remedy, within 5 years – public instrument and record in registry
Properties from date of contract implementing such decision of property of place where property is
• One spouse is incapacitated – other spouse may located
assume sole powers of administration
o Powers of disposition or encumbrance – only Administration of Conjugal Partnership Property
valid with authority of the court or written (Section 5)
consent of other spouse • Belong to both spouses jointly
- Either spouse may dispose by will of his or her interest o Disagreements – husband shall
in the community property prevail with recourse to court by
- Donation wife for proper remedy within 5
• General rule: cannot donate any community years from date of contract
property without consent of other spouse implementing such decision
• Exception: moderate donations on occasions of o One spouse is incapacitated –
family rejoicing or distress other spouse may assume sole
powers of administration
▪ Powers of disposition or
encumbrance - only valid
with authority of the
court or written consent
of other spouse
• Donation
o General rule: cannot donate any
community property without
consent of other spouse
o Exception: moderate donations on
occasions of family rejoicing or
distress
Dissolution Absolute Community/Conjugal Partnership terminates: N/A – no common property, unless partial – ACP
• Death of either spouse follows.
• Decree of legal separation
• Annulment or nullity of marriage
• Judicial separation of property (Art. 134 to 138)
Separation in Fact General rule: does not affect community property
Exceptions:
• Spouse who leaves conjugal home without just cause – no right to be supported
• Consent of one spouse is required by law – judicial authorization shall be obtained in a summary
proceeding
• Absence of sufficient community property – separate properties of spouses shall be solidarily liable for
support of family

Abandonment/ Aggrieved spouse may petition court for:

Failure to Comply 1. Receivership;
with Obligations 2. Judicial separation of property; or
to the Family 3. Authority to be the sole administrator of absolute community/conjugal partnership
A spouse is deemed to have abandoned the other:
• Left the conjugal dwelling without any intention of returning – prima facie evidence is absence of 3
months and without any news as to his whereabouts
Liquidation Upon dissolution, the following procedures shall apply:
1. Inventory – community and exclusive properties
2. Debts and obligations of community shall be paid
out of its assets. In case of insufficiency, spouses
shall be solidarily liable for unpaid balance
3. Exclusive property to be delivered to spouses –
remaining
4. Net remainder of community property
a. GR: divide equally
b. Exceptions:
i. Marriage settlement
ii. Voluntary waiver
5. Presumptive legitimes of common children shall be
delivered
6. Partition of properties, conjugal dwelling, and lot to
which it is situated
a. GR: spouse with whom majority of common
children choose to remain
b. ER:
i. marriage settlement
ii. children under 7 years – mother,
unless court decides otherwise
iii. no majority -court decides
Upon dissolution, the following procedures shall N/A – no common property, unless partial – ACP
apply: follows.
1. Inventory – conjugal and exclusive
2. Amounts advanced by conjugal
partnership for personal debts – credit to
the conjugal partnership as asset
3. Spouses shall be reimbursed for use of his
or her exclusive property to which
ownership was vested by law in the
conjugal partnership
4. Debts and obligations of conjugal
partnership shall be paid out of its
conjugal assets
5. Exclusive property to be delivered to
spouses – remaining
6. Loss or deterioration of movables used for
the benefit of family unless already
indemnified
7. Net remainder of the conjugal partnership
of properties
a. GR: divide equally
b. Exceptions:
i. Marriage settlement
ii. Voluntary waiver
8. Presumptive legitimes of common
children shall be delivered
9. Partition of properties, conjugal dwelling,
and lot to which it is situated
a. GR: spouse with whom majority of
common children choose to
remain
b. ER:
i. marriage settlement
ii. children under 7 years –
mother, unless court
decides otherwise
iii. no majority -court
decides
Termination of • Absolute Community/ Conjugal property shall be liquidated in the same proceeding for settlement of
Marriage by Death the estate of the deceased
• No judicial settlement proceeding – surviving spouse to liquidate absolute community/ conjugal
partnership within 1 year from death of deceased spouse
o if lapsed, any disposition or encumbrance shall be void

Subsequent • Mandatory regime of complete separation of property shall govern if without compliance to provisions on
Marriage upon termination of marriage by death
Death of Spouse