This document outlines and compares three property regimes in marriage: absolute community of property, conjugal partnership of gains, and complete separation of property.
Under the absolute community of property regime, all property acquired during marriage by either spouse is considered common property owned jointly. The conjugal partnership of gains regime treats property brought into the marriage as separate but property acquired during marriage is common. Under complete separation of property, each spouse owns and manages their own separate property without interference from the other.
This document outlines and compares three property regimes in marriage: absolute community of property, conjugal partnership of gains, and complete separation of property.
Under the absolute community of property regime, all property acquired during marriage by either spouse is considered common property owned jointly. The conjugal partnership of gains regime treats property brought into the marriage as separate but property acquired during marriage is common. Under complete separation of property, each spouse owns and manages their own separate property without interference from the other.
This document outlines and compares three property regimes in marriage: absolute community of property, conjugal partnership of gains, and complete separation of property.
Under the absolute community of property regime, all property acquired during marriage by either spouse is considered common property owned jointly. The conjugal partnership of gains regime treats property brought into the marriage as separate but property acquired during marriage is common. Under complete separation of property, each spouse owns and manages their own separate property without interference from the other.
Absolute Community of Conjugal Partnership of Complete Separation of
Properties Gains Property
DEFINITION
A system of property relatio It is that forme' %y a I this property reime) ea#h
!here the spouses hus%a' a' his !ife spouse shall o!) 'ispose of) "e#ome #o$o!ers of all the !here here%y %y they hey pla#e i a poss posses ess) s) a'mi miister ster a' a' properties that they %ri ito #omm #ommo o fu' fu' the the frui fruits ts of e/oy his or her o! separate the marriae a' those their their separate separate property property)) a' estate estate)) !itho !ithout ut ee' ee' of the a#(uire' %y either or %oth of the i#ome from their !or, or #oset of the other. them them 'uri 'uri the the #our #ourse se of i'u 'ustry stry)) the the same same to %e their marriae) sa*e for some 'i*i'e' %et!ee them e+#eptios. e(ual e(ually ly -as a eera eerall rule rule upo upo the 'issol 'issoluti utio o of the marriae or the partership.
or after Auust 4) 5677 %efore Auust 4) 5677) the areemet %y %oth spouses. -effe#ti*ity of the Family system of #o/ual 2o'e of the Philippies) the partership of ais shall system of a%solute o*er. #ommuity of property shall o*er.
'uri the marriae ito marriae as %elo all the %y ratuitous -or either of the spouse<s earis from his or lu#rati*e title %y o!. her professio) either spouse) a' • Properties a#(uire' %usiess or i'ustry the fruits as !ell as %y ratuitous -or a' all fruits) atural) the i#ome thereof) if lu#rati*e title 'uri i'ustrial or #i*il) 'ue ay) uless it is the marriae. or re#ei*e' 'uri the spe#ifi#ally pro*i'e' • Properties a#(uire' marriae from his or %y the 'oor) testator) %y riht of re'emptio her separate property. or rator that they or %y e+#hae !ith shall for part of the other property #ommuity; %eloi to oly oe • Property for persoal of the spouses. a' e+#lusi*e use of • Properties a#(uire' either spouse) !ith e+#lusi*e moey ho!e*er) /e!elry shall of either spouse form part of the #ommuity; •Property a#(uire' %efore the marriae %y either spouse !ho has leitimate 'es#e'ats %y a former marriae) a' the fruits as !ell as the i#ome) if ay) of su#h property. 2OMM9NITY PROPERTIES 2ON=9>AL PROPERTIES
• All properties o!e' • Properties a#(uire' • No #ommo
%y spouses at the %y oerous title 'uri properties. time of #ele%ratio of the marriae at the marriae or a#(uire' e+pese of the thereafter. #ommo fu') !hether the a#(uisitio %e for the partership of for oly oe of the spouses. • Properties o%taie' from la%or) i'ustry) !or, or professio of either or %oth of the spouses. • The fruits) atural) i'ustrial or #i*il) 'ue or re#ei*e' 'uri the marriae from the #ommo property) as !ell as the et fruits from the e+#lusi*e property of ea#h spouse. • The share of either spouse i the hi''e treasure !hi#h the la! a!ar's to the fi'er or o!er of the property !here the treasure is fou'; • Properties a#(uire' throuh o##upatio su#h as fishi a' huti; • Li*esto#, e+isti upo the 'issolutio of the partership i e+#ess of the um%er of ea#h ,i' %rouht to the marriae %y either spouse; • Properties a#(uire' %y #ha#e) su#h as !iis from am%li a' %etti.
ADMINISTRATION & EN=OYMENT OF 2OMMON PROPERTY
• "elo to %oth •"elo to %oth • The spouses are free spouses /oitly. spouses /oitly. to maae their respe#ti*e properties !ithout iterfere#e from other spouse.
DONATION OF 2OMMON PROPERTY
• Neither spouse may Neither spouse may • • Spouses are free to 'oate ay 'oate ay #o/ual 'oate !ithout #ommuity property property !ithout iterfere#e of the !ithout #oset of the #oset of the other. other. other.