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ACP CPG SOP

Basis Mutual trust and confidence between Capital and properties of spouses Discouraged as not in harmony with unity of
spouses; fosters oneness of spouses kept separate and distinct from the family and the mutual help and
benefits; protection expected of the spouses
insurmountable obstacle to
resumption of solidarity

Default Property Regime Must be specified in the Marriage Must be specified in the Marriage Settlement
Settlement prior to Celebration. prior to Celebration Or by Judicial Decree.

Property Acquired All the properties Each spouse retains his/her property; Each spouse retains his/her property before
before the Marriage owned by the spouses only fruits form part of conjugal the marriage. Except in properties NOT
at the time of marriage property agreed upon as separate shell belong to
become community absolute community.
property

Fruits, Income, The fruits and income of such The fruits and income of such The fruits and income of such properties
Earnings properties become community properties become part of the remain exclusive to the spouse.
property. conjugal properties during the
marriage

Expenses Family Expenses from the Absolute Family Expenses derived from Family Expenses in proportion to their
Community Property Common Fund income OR current market value of separate
properties.

Administration Both spouses, Jointly Jointly on Conjugal Properties, Exclusively


Exclusively on sole owned

Properties Acquired Becomes Community Property, BECOMES PART OF Conjugal Property, Exclusively
during the Marriage Except those on Art 92 unless contrary is proved.

Upon dissolution of Net remainder of ACP divided equally Separate properties are returned;
marriage between spouses or heirs Net profits divided equally between
spouses or heirs.

Liquidation Easier to liquidate because net Exclusive properties will have to be


remainder of community properties identified and returned, and
are simply divided between spouses sometimes, identification is difficult.
or heirs

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