PROPERTY REGIME OF

PROPERTY REGIME OF
UNIONS WITHOUT
ABSOLUTE COMMUNITY CONJUGAL PROPERTY OF REGIME OF SEPARATION UNIONS WITHOUT MARRIAGE
MARRIAGE (Without any
PROPERTY GAINS OF PROPERTY (With legal impediments)
legal impediment)
Art 148
Art. 147

It shall commence at the precise moment that the marriage is When future spouses When a man and a woman When parties involved are not
celebrated. Any stipulation, express or implied, for the agree in the marriage capacitated to marry each capacitated to marry each other
When will it commencement of the commencement of the community regime settlements that their other, live exclusively with live exclusively together.
commence /When at any other time shall be void. (Art. 88, 107) property relations during each other as husband and
is it applicable? marriage. (Art 143) wife without the benefit of
marriage or under a void
marriage.

No waiver of rights, interests, shares and effects, except in case of

Waiver of Rights
judicial separation of property (Art. 89, 107)

In absence of
Marriage General Rule. Under Civil Code
General rule. Under Family
settlement, which (Established before the Family
Code.
regime shall Code)
govern?

Property acquired by either

Marriage Settlement; Family
Governing Rules Code; in case of conflict, rules
of Co-ownership.
Family Code; in case of conflict,
rules of Co-partnership (Art.
108)
The provisions of the
or both of them through
Family Code apply
their work or industry and
suppletorily to the
their wages and salaries are
provisions of the marriage
governed by the rules of co-
settlement (Article 143).
ownership.

All the property owned by the
Properties spouses at the time of the
constituting the celebration of the marriage or
property regime acquired thereafter.
1. Those acquired during the
marriage with conjugal funds
2. Those obtained from labor,
industry, work or profession of
either or both spouse
May refer to present or Only properties acquired by
future property or both. It both of the parties through their
may be total or partial. In actual joint contribution of
the latter case, property money, property, or industry
not agreed upon as shall be owned by them in

1

Property acquired during the
marriage is presumed to
belong to the community,
unless it is proved that it is
one of those excluded
therefrom.
To invoke the presumption,
Presumption, in the property must be shown
the absence of to have been acquired during
proof to the the marriage.
contrary It is not necessary to prove
that the property was acquired
by the funds of the
community. Registered name
generally not indicative, except
if you cannot prove that the
property was acquired during
the marriage.
3. Fruits of conjugal property
due or received during the
marriage and net fruits of
separate property
4. Share in the hidden treasure
5. Those acquired through
occupation.
6. Livestock in excess of what
was brought to the marriage
7. Those acquired by chance.
All property acquired during the
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.
separate shall pertain to common in proportion to their
the absolute community. respective contributions.
Properties acquired while Their contributions and
they lived together shall be corresponding shares are
presumed to have been presumed equal.
obtained by their joint
efforts, work or industry. A
party who did not participate
in the acquisition by the
other party who did not
participate in the acquisition
by the other party of any
property shall be deemed to
have contributed jointly in
the acquisition thereof if the
former's efforts consisted in
the care and maintenance of
the family and of the
household.
2
 1. Property acquired during
the marriage by gratuitous
title and its fruits except if its
expressly provided by the
donor, testator or grantor that
they shall form part of the
community property
2. Property for personal and
exclusive use of either spouse
(jewelry forms part of the ACP)
3. Property acquired before
the marriage by one with
legitimate descendants by
former marriage and its fruits
Exclusions from
and income
the property
regime (Exclusive
property of each
spouse)
1) That which is brought to the
marriage as his or her own;
2) That which each acquires
during the marriage by
gratuitous title;
3) That which is acquired by
right of redemption, by barter or
by exchange with property
belonging to only one of the
spouses; and
4) That which is purchased with
exclusive money of the wife or
of the husband.
To each spouse shall
belong all earnings from
his or her profession,
business or industry and all
fruits, natural, industrial or
civil, due to received
during the marriage from
his or her separate
property.
All which are agreed in the
marriage settlement.
Future or present property
or both.
3
1. Salaries and wages shall be
owned by them in equal
shares;
2. Property acquired by
either of the parties
exclusively by his or her own
fund belongs to such party,
provided that there is proof
that he or she acquired it by
exclusive funds;
3. Property acquired while
they live together shall be
presumed to have been
obtained by their joint
efforts, work or industry and
shall be owned by them in
equal shares. A party who did
not participate in the
acquisition by the other party
of any property shall be
deemed to have contributed
jointly in the acquisition
thereof if the former’s efforts
consisted in the care and
maintenance of the family
and of the household.
4. The fruits of the couple’s
separate property are not
included in the co-
ownership.
5. Property acquired by any
 of the parties after
separation shall be
exclusively owned by the
party who acquired it.

1. Debts and obligations
contracted by either spouse
without the consent of the
other to the extent it benefited
the family.
1. Debts and obligations
contracted by either spouse
without the consent of the other
to the extent it benefited the
family.
Both shall bear the family
expenses in proportionate
to their income.

2. Debts and obligations 2. Debts and obligations

contracted during the
marriage by designated
administrator-spouse, both
spouses, or by one with the
consent of the other.
Charges upon the
Regime 3. Taxes, liens, charges and
expenses upon community
property.
4. Support of spouses, their
common children and
legitimate children of either
spouse.
5. Expenses of litigation
between spouses unless the
suit is found to be groundless.
6. Ante-nuptial debts which
contracted during the marriage
by designated administrator-
spouse, both spouses, or by one
with the consent of the other.
3. Taxes, liens, charges and
expenses upon community
property.
4. Support of spouses, their
common children and legitimate
children of either spouse.
5. Expenses of litigation
between spouses unless the suit
is found to be groundless.
6. Ante-nuptial debts which
redounded to the benefit of the

4
 redounded to the benefit of
the family.
7. Taxes and expenses for
mere preservation made
during the marriage upon the
separate property of either
spouse used by the family.
8. Expenses for professional or
vocational course.
9. Other ante-nuptial debts,
support of illegitimate child,
and liabilities for crime or
quasi-delicts in absence of
separate property
10. Donated or promised to
common legitimate children
for profession, vocational
course or self improvement.
(Art 94)
Liability if If the community property is insufficient to cover the foregoing
property is not liabilities, except those falling under paragraph (9), the spouses
enough for the shall be solidarily liable for the unpaid balance with their separate
charges properties.
family.
7. Taxes and expenses for mere
preservation of separate
property
8. Expenses for professional,
vocational or self-improvement
courses of either spouse.
9. Value of what is donated or
promised to common legit
children for professional,
vocation or self improvement
courses.
10. Other ante-nuptial debts,
support of illegitimate child, and
liabilities for crime or quasi-
delicts in absence of separate
property. (Art 121)
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
advance by the conjugal
partnership of gains. (Art 114)
Current market value of
their separate properties
5
 The payment of personal debts
contracted by the husband or
the wife before or during the
marriage shall not be charged to
the conjugal properties
partnership except insofar as
they redounded to the benefit
of the family.

Neither shall the fines and

pecuniary indemnities imposed
upon them be charged to the
partnership.

However, the payment of

Payment of personal debts contracted by
personal either spouse before the
obligations 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 in the preceding
Article have been covered, 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

6
 above-mentioned.

Losses/Winnings Losses shall be borne by the loser and shall not be charged to the
in any game of community but any winnings there from shall form part of the
chance, betting, community property. (Art 117, 123)
sweepstakes, or
any other kind of
gambling
(permitted or not)

Both spouses jointly enjoy the administration and enjoyment of Each spouse shall own,
the community property/ conjugal partnership. In case of dispose of, posses,
Administration disagreement, however, the husband’s decision shall prevail, administer and enjoy his or
subject to recourse to the court by the wife for proper remedy, her separate estate,
which must be availed of within five years from the date of the without need of the
contract implementing such decision. In the event that one

7
 spouse is incapacitated or otherwise unable to participate in the consent of the other.
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.
Neither spouse may donate any community/conjugal property Neither party can encumber
without the consent of the other. Consent is not needed when or disose by acts inver vivos
donations are moderate and in favor of charity or on occasions of of his or her share in the
Consent in family rejoicing or family distress. (Art 98) property acquired during
Donation of cohabitation and owned in
Spouses common, without the
consent of the other, until
after the termination of their
cohabitation. (Art 147)

1) Upon the death of either spouse Filing a Decree reviving Marriage without marriage Forfeiture of a share in the
When is the 2) When there is a decree of legal separation the former property settlement or as arranged in ownership.
regime 3) When the marriage is annulled or declared void regime that existed the marriage settlement.
terminated? 4) In case of judicial separation of property during the marriage between the spouses
under Article 134 to 138. (governed by Art 67)

Dissolution must be registered in the registry of property to affect Executing a Deed of

Requirements in 3rd persons in good faith. Extrajudicial Partition. Such
Dissolution agreement is perfectly legal
and is a valid way of dividing

8

1. Inventory of all properties
2. Payments of Debts and
obligation of ACP
3. Remains at the separate
properties of the spouses are
returned to the owner.
4. Net remainder of ACP is
divided equally.
Procedure of
Dissolution / 5. Delivery of presumptive
Liquidation legitimes. (Art 102)
1) Same proceeding for
settlement of estate; or
Dissolution upon
2) Judicially or extra-judicially
death of a spouse
within one year from the death
of spouse
up their properties. (Art 496)
1. Inventory of all property
2. Amounts advanced by the
conjugal partnership in
payment of personal debts of
either spouse
3. Reimbursement for use of
exclusive funds of either
spouses
4. Payments of obligations to
third parties
5. Delivery of the remains of
exclusive funds to each spouse
6. Payment of losses of
movables
7. Division of net profits
8. Delivery of presumptive
legitimes. (Art. 129)
1) Same proceeding for
settlement of estate; or
2) Judicially or extra-judicially
within six months from the
death of spouse
9
Rule if there is
subsequent
A mandatory regime of complete separation of property shall
marriage without
govern the property relations of the subsequent marriage.
the liquidation
required by law

Either spouse may dispose by

will of his or her interest in the
community property. This is
possible because the will takes
effect only upon the death.
However, neither spouse may
Rules on donate any community
Disposition of property without the consent
properties of the of the other. However, either
spouses spouse may, without the
consent of the other, make
moderate donations from the
community property for
charity or on occasions of
family rejoicing or family
distress.

10
 The separation in fact or separation de facto (as opposed to legal
separation), between husband and wife shall not affect the
regime of absolute community, 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;
Effects if the
spouses separate (2) When the consent of one spouse to any transaction of the
in fact other is required by law, judicial authorization shall be obtained in
a summary proceeding;

(3) In the absence of sufficient community 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.

If a spouse without just cause abandons the other or fails to

comply with his or her obligations to the family (”obligations to
the family” refer to marital, parental or property relations), the
aggrieved spouse may petition the court for receivership, for
judicial separation of property or for authority to be the sole
Procedures in case administrator of the absolute community, subject to such
of abandonment precautionary conditions as the court may impose.

A spouse is deemed to have abandoned the other when her or

she 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

11
 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
Procedures in case community property either judicially or extra-judicially within six
of death of a months from the death of the deceased spouse.
spouse
If the procedure on liquidation, as outlined above, is not followed:
(a) any disposition or encumbrance involving community property
by the surviving spouse shall be void; and (b) any subsequent
marriage shall be governed by the mandatory regime of complete
separation of property.
When only one of the parties If one party is validly married
is in good faith, the share of to another:
the party in bad faith shall be
- His or her share in the
forfeited:
co-owned properties
1. In favor of their common will accrue to the
children ACP/CPG of his/her
existing valid marriage
2. In case of default of or
Forfeiture in case
waiver by any or all of the If the party who acted in bad
one party is in bad
common children or their faith is not validly married to
faith
descendants, each vacant another, his/her share shall be
share shall belong to the forfeited in the same manner
respective surviving as that provided in Art 147.
descendants

3. In the absence of such

The same rules on forfeiture
descendants, such share
shall apply if both parties are in
belongs to the innocent party
bad faith.

12
13