Absolute Community of Property (ACP) Conjugal Partnership of Gains (CPG) Separation of Property

1. Marriage settlement
2. When the ACP was terminated by death of
Applicability

one spouse and the surviving spouse

1. Agreement
1. Agreement contracts a second marriage without
2. No agreement
2. CPG already established before the effectivity of the Family Code, liquidating the community property of the
3. Void Agreement
previous marriage
3. By judicial order- voluntary or sufficient
cause (JSP)
Commencem
ent

Shall commence at the precise moment that the marriage is celebrated

Suppletory
rule

Co-ownership Partnership

Under this regime, the husband and wife place in a common fund the:
a. Proceeds
b. Products
c. Fruits
d. Income from their separate properties
e. Acquired by either or both spouses through their efforts or by chance
1. Those acquired by onerous title during the marriage at the expense of common
fund, whether it be for the partnership or for only one spouse
2. Obtained from labor, industry, work, or profession of either or both spouses
Unless otherwise provided in this Chapter or in the marriage
3. The fruits, natural, industrial or civil, due or received during the marriage from
Inclusions

settlement, the community property shall consist OF ALL THE

the common property as well as the net fruits from exclusive properties of each
PROPERTY OWNED BY THE SPOUSES AT THE TIME 1. Separation of property may refer to present
spouse
OF CELEBRATION OF THE MARRIAGE OR ACQUIRED and future properties
4. Share in the hidden treasure which the law awards to the finder or owner of the
THEREAFTER 2. Each spouse shall own, dispose of, possess,
property
administer and enjoy his or her own peoperty,
5. Acquired through fishing or hunting
without the consent of the other.
6. Livestock existing upon the dissolution in excess of the number of each kind
3. To each spouse belong all earning from
brought to the marriage by either spouse
his/her profession, business or industry, and
7. Property bought on installments if ownership was vested during marriage. Any
all fruits, industrial, civil, or natural, due or
amount advanced by either or both spouses shall be subject to the
received during marriage from his/her
reimbursement by the conjugal partnership
personal property
8. Interests paid on the credit owned by one of the spouses that accrued during the
marriage (principal is exclusive)
1. Brought to the marriage as his/her own
Paraphernal/Exclusive

1. Property acquired during marriage by gratuitous title by 2. That which each acquires during the marriage by gratuitous title
either spouse, and the fruits as well as income thereof, if any 3. That which is acquired by right of redemption, barter, or by exchange with
Exclusions/

unless it is expressly provided by the donor, testator, or grantor property belonging only to one spouse
properties

that they shall form party of community property
2. property for personal and exclusive use; but not jewelry
3. 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
4. Purchased with exclusive money
5. When property donated or left by will to the spouses jointly and with
designation of determinate shares shall pertain to the donee spouse as his or her
own exclusive property, and in the absence of such designation, without
prejudice to the right of accretion
6. Winnings from gambling/betting
Presumption
It may be total or partial. If partial, in the absence
Property acquired during the marriage is presumed to belong to
All properties acquired during marriage, whether or not in the name of both or one of of stipulation to the contrary, property not agreed
the community, unless it is proved that it is one excluded
the spouses shall be presumed to be part of the conjugal partnership upon as separate shall pertain to the absolute
therefrom
community

1. Support of the spouses, their common children, and legitimate children of either spouses
2. All debts and obligations contracted during the marriage by the designated administrator spouse for the benefit of the community, or by both spouses, or
Both spouses shall bear the family expenses in
by one of them with the consent of the other;
proportion to their income, or, in case of
3. debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited
Charges

insufficiency or default thereof, to the current

4. all taxes, liens, charges, and expenses upon community property/ conjugal property
market value of their separate properties.
5. taxes and expenses for preservation made during the marriage upon the separate property used by the family
6. expenses to enable either spouse to commence or complete a professional or vocational course, or activity for self-improvement
The liability of the spouses to creditors for family
7. Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family
expenses shall be solidary.
8. Vocational or professional course or activity for self-improvement for the spouses and the common legitimate children
9. expenses of litigation between the spouses, unless the suit is found to be groundless
Personal debts, charges, fines or indemnities, shall not be charged upon the
be Deducted from

a. Ante-nuptial debts that do not redound to the benefit of the partnership gains.
ADVANCES to

share of the

family
b. Support of the illegitimate children of either spouses
c. Liabilities incurred by either spouse by reason of crime,
quasi-delict, in case of absence or insufficiency of the
exclusive property of the debtor-spouse
Whatever may be lost during the marriage in any game of chance,
Gambling
Payment of personal debts contracted by one of the spouses before, that of fines and
indemnities, as well as the support of the illegitimate children of either spouse, may
be enforced against the partnership assets after the responsibilities in charges have
been covered, if the spouses who is bound should have no or insufficient exclusive
property; but at the time of liquidation of the partnership, such spouse shall be
charged for what has been paid for such purpose.

betting, sweepstakes, or any other kind of gambling, whether

Whatever may be lost in gambling or betting shall be born exclusively by the loser
permitted or prohibited by law, shall be borne by the loser and
spouse.
shall not be charged to the community, but any winning shall
form part of the community property.
Termination

1. death of either one or both spouses

Cause for

2. when there is a decree of legal separation

3. when the marriage is annulled or declared void
in case of judicial separation of property during marriage

First. Inventory of the conjugal properties and the exclusive properties

First. Inventory of the community and the exclusive property of
the spouses
Second. Debts of the community paid out of its assets. If
insufficient, the spouses are solidarily liable.
Liquidation; How
Second. Amounts advanced by the conjugal partnership in payment of personal
debts of the spouses shall be credited to the conjugal partnership
Third. Reimbursement of each spouse for the use of his/her own funds in acquisition
of property for the conjugal partnership

Third. Whatever remains of the exclusive property of the spouses
shall be delivered to each of them.
Fourth. The net remainder of the absolute community property
shall constitute the net assets to be divided equally between the
husband and wife unless the marriage settlement states otherwise,
or that there is voluntary waiver, or forfeiture of the net profits of
applicable.
Fifth. Delivery of presumptive legitimes
Sixth. Conjugal dwelling and the lot shall be adjudicated to the
spouse with whom the majority of the common children reside.
Fourth. Payment of debts of the conjugal partnership. If insufficient, the spouses are
solidarily liable
Fifth. Whatever remains of the exclusive property shall be delivered to them
Sixth. Indemnification of the exclusive property of the spouses for loss or
deterioration, used by the family
Seventh. Net remainder of the CP shall constitute profits to be divided equally,
subject to forfeiture or voluntary waiver
Eighth. Delivery of presumptive legitimes.
Ninth. All properties acquired during marriage, whether or not in the name of both
or one of the spouses shall be presumed to be part of the conjugal partnership
 Art. 147- Limited Co-ownership Art. 148- Special Partnership
1. No Legal Impediment: when a man and a
woman, who are capacitated to marry each other,
Appli Cohabitation not falling under Art. 147, i.e.,
live exclusively with each other as husband and
cabilit cohabitation of common-law spouses who
wife without the benefit of marriage
y suffer from impediment to marriage
2. Void Marriage- spouses are without impediment
(e.g., 36, lack of marriage license)
Only the properties acquired by both of the
Wages and salaries shall be owned by them in
parties through their actual joint
equal shares, and the property acquired by both of
Rule contribution of money, property or industry
them through their work or industry shall be
shall be owned by them in common in
government by co-ownership
proportion to their respective contributions
Presu Properties acquired while they lived together shall
Presumed to be equal in absence of proof to
mptio be presumed to have been obtained by their join
the contrary
n efforts, work, or industry.
A party who did not participate in the acquisition
Role/
shall be deemed to have contributed jointly in the
actual Actual contribution to the acquisition of the
acquisition thereof of the former’s efforts consisted
contri property shall be the basis
in the care and maintenance of the family and
bution
household.
Neither spouse can encumber or dispose by acts
DIspo
inter vivos without the consent of the other until
sition
after the termination of cohabitation
A. if one or both of the spouses is validly
married to another, his or her share in the
co-ownership shall accrue to the ACP/CPG
Share of the spouse in BF shall be forfeited in existing in such valid marriage.
Forfei
favor of (1) common children or descendants; (2) B. Share of the spouse in BF or if both is in
ture
innocent spouse in the absence thereof BF, shall be forfeited in favor of
(1) common children or descendants;
(2) innocent spouse in the absence thereof