PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

CONJUGAL PARTNERSHIP OF GAINS (CPG) ABSOLUTE COMMUNITY OF PROEPERTY (ACP) REGIME OF SEPARATION OF PROPERTY
- Place in a common fund the proceeds, products, fruits and income from their - Consist of all the property owned [by the spouses - Refer to present or future property or
separate properties. Those acquired through their efforts or by chance. at the time of the celebration of the marriage or both. It may be total or partial. IN the
- Upon dissolution, the net gains or benefits shall be divided equally. (Art. 106) acquired thereafter/ latter case, the property not agreed
- Unless provided in the marriage settlements upon as separate shall pertain to the
PROPERTIES INCLUDED: (ART. 117) - Winnings from gambling. Chances, sweepstakes, absolute community. (ART. 144)
1. Acquired by onerous title (sale, barter, donation na may kapalit) using common betting form part of ACP
fund; whether be for partnership or for one spouse. - Losses shall be borne by the loser-spouse. ADMINISTRATION
2. Obtained from the labor, industry, work or profession (either or both spouses). Binili - Each spouse shall own, dispose of,
mula sa sweldo, commission, raket, tubo sa negosyo) PROPERTY EXCLUDED: (ART. 92) possess, administer and enjoy his/her
3. Fruits, natural, industrial, or civil (during the marriage) from common property, as 1. Property acquired by gratuitous title during the own separate estate, without need of
well as net fruits from the exclusive property of spouse (less gastos). marriage as well as its fruits and income. (gift or the consent of the other.
4. Share of either in the hidden treasure which awards to the finder. donation) (done may expressly provide that this shall - To each spouse shall belong all
5. Acquired through occupation (fishing/hunting). form part of the ACP) earnings from his/her profession,
6. Livestock existing upon the dissolution of the partnership in excess of the number 2. Property for personal and exclusive use except business or industry and all fruits,
of each kind brought to the marriage by either spouse. (nang mag-asawas may dalang jewelry (ACP) natural, industrial or civil, due or
10 kambing, nagging 100, upon dissolution, yung 90 shall form part of partnership, 10 3. Property acquired before the marriage, fruits and received during the marriage from
is exclusive property nung nagdala) income of such (has legitimate ascendant by a his/her separate property. (ART. 145)
7. Acquired by chance. (winnings from gambling or betting) Losses therefrom shall be former marriage)
borne by the loser-spouse. (losses ikicredit sa total CPG from exclusive property, if LIABILITY
wala/insufficient, saka iaawas sa share nung loser-spouse) CHARGES AND OBLIGATION LIABILITY: (ART. 94) - Both spouses shall bear the family
8. Property acquired by installment paid partly from exclusive funds of either or both 1. Support (spouse, common children, legitimate expenses in proportion to their
spouses and partly from conjugal funds children of either) income, or in case of insufficiency or
- if full ownership was vested before marriage (belongs to the buyer) 2. Debts and obligation contracted during the default thereof, to the current market
- if vested during marriage (belongs to the conjugal partnership) marriage of either(w/ or w/o consent as long as it value of their separate properties.
- reimbursement upon liquidation redounded to the benefit of the family. - The liability of the spouses to
9. Credit 3. Taxes, liens, charges and expenses, repairs of CPG creditors for family expenses shall,
- bank deposit before marriage – principal interest is exclusive but interest from properties however, solidary. (ART. 146)
marriage onwards belong to CPG. 4. Taxes and expenses, preservation of exclusive
10. Improvements made to the exclusive properties of the either spouse. property NOTE: Any marriage aside from ACP, must be in
- resulting increase in value are more than the value of the property at the time of 5. Expenses (professional, vocational, self- writing, signed, notarized and registered with
improvement – belongs to CPG improvement) the local civil registry where the couple resides,
- otherwise – retained ownership by the owner-spouse 6. Antenuptial (redounded to the benefit of the local registry where the marriage took place
- subject to reimbursement upon liquidation. family) and must be annotated on the titles of the
7. Educational expenses of common children properties. If not annotated, the regime will
TERMINATION: 8. Antenuptial debts of either other than those no. 6, not affect the creditors, and property shall be
1. Upon the death of either spouse. support of illegitimate children of either, liabilities treated as absolute.
2. There’s a decree of legal separation. incurred by either by reason of a crime or quasi-
3. Marriage is annulled or declared void. delict, in case of absence or insufficiency of the PROPERTY REGIME OF UNIONS WITHOUT
4. Judicial separation of property during the marriage (Art. 134-138) exclusive property of the debtor-spouse. Payment of MARRIAGE (OR UNDER VOID MARRIAGE)
which shall be considered as advances to be (ART.147)
LIQUIDATION: deducted from the share of the debtor-spouse upon - Their wages and salaries shall be
1. Inventory (CP properties & exclusive) liquidation of the community. owned by them in equal shares
2. Amount advanced by CP in payment of personal debt. 9. Litigation between spouses, unless groundless
3. Reimbursement to spouses - Property acquired by both of them
4. Payment of Art. 121 (solidarily liable if insufficient) NOTE: If insufficient ang community property except through their work or industry shall be
5. Net remainder (divided equally, unless one is in bad faith then share is forfeited) no. 8, spouses shall be solidary liable w/ their governed by the rules of co-
6. Delivery od presumptive legitime separate property. ownership.
7. conjugal dwelling and lot (with whom the majority of the common children; if none, Fines and indemnities may be charge in community
the court decides) properties. (kahit di pa nababayaran yung iba)
- In the absence of proof to the
CHARGES AND OBLIGATION LIABILITY: *ACP shall commence at the precise moment that contrary, properties acquired while
1. Support (spouse, common children, legitimate children) the marriage is celebrated. Any stipulation at any they lived together shall be presumed
2. Debts for the benefit of CPG (w/ or w/o consent as long as it redounded to the time shall be void. (Art. 88) to have been obtained by their joint
benefit of the family) *NO waiver of rights, interests, shares and effects of efforts, works or industry, and shall be
3. Taxes, liens, charges and expenses, repairs of CPG properties the ACP during the marriage shall be made except in owned by them in equal shares.
4. taxes and expenses, preservation of exclusive property case of judicial separation of property. (ART 89)
5. Expenses (professional, vocational, self-improvement) *Property acquired during the marriage is presumed - A party who did not participate in the
6. Antenuptial (redounded to the benefit of the family) to belong to the community, unless it proved that it acquisition by the other party of any
7. Educational expenses of common children is one of those excluded therefrom. (ART. 93) property shall be deemed to have
8. Litigation between spouses, unless groundless. contributed jointly in the acquisition
NOTE: Administration, enjoyment , disposition and thereof if the former’s efforts
NOTE: The sale of conjugal property by a spouse without the consent of the other is termination are same with the CPG, as well as the consisted in the care and maintenance
void. (ART. 124) abandonment provision. of the family and of the household.
Marriage settlement is required to be register with the proper registers of deeds and
local civil registrar where marriage is recorded, otherwise it will produce no effect. ART. 97. Either spouse may dispose by WILL of his or
her interest in the community property. - Neither party can encumber or
*Neither shall fines and indemnities imposed upon them be charged to the dispose by acts inter vivos of his/her
partnership. (bayaran muna yung 1-8 at yung tira ang pwede ipambayad sa fines and NOTE: Sale of conjugal properties under new civil share in the property acquired during
indemnities) code w/o consent id voidable while under FC it is cohabitation and owned in common,
void. But be mindful, if there is vested right to be without the consent of the other, until
ADMINISTRATION AND ENJOYMENT: impaired the NCC shall apply not FC retroactively. after the termination of their
1. Spouse jointly. cohabitation.
2. in case of disagreement – husband’s decision shall prevail subject to recourse to the NOTE: Heirs may sell their undivided share pending
court by the wife (may be availed 5 years from the date implementing such decision. liquidation of conjugal partnership when one of the - When only one of the parties to a void
3. If one is incapacitated – other may assume sole power of administration but not spouses dies. Buyer has vested right as co-owner.
include disposition or encumbrance without authority of court or spouse consent,
otherwise it is void. (inchoate ang ownership kaya void entirely) ART 493 CC
4. However, it shall be construed as continuing offer and may be perfected of binding - Each co-owner shall have the full ownership
upon the consent and authorization) of his part and of the fruits and benefits
pertaining thereto, and he may therefore
SEPARATION IN FACT: (ART 127) alienate, assig or mortgage it, and even
1. Spouse who refuses to live in the conjugal home w/o just cause shall not have the substitute another person in its enjoyment,
right to be supported. except when personal rights are involved.
2. when consent of one spouse to any transaction is required by law, judicial But the effect of the alienation or the
authorization shall be obtained in a summary proceeding mortgage, with respect to the co-owners,
3. In the absence of sufficient conjugal partnership property, the separate property of shall be limited to the portion which may be
both spouses shall be solidarity liable for the support of the family. allotted to in the division upon the
termination of the co-ownership.
CASE TO BE FILED WHEN ONE ABANDONS THE OTHER W/O JUST CAUSE: NOTE: Transfer of property between husband and
1. Recevership wife, to concubines or common law spouse are
2. Judicial separation of property prohibited for being contrary to moral and public
3. Authority to be the sole administrator of the CP Property policy. (CHING V. GOYANGKO)
- ABANDONMENT – when a spouse left the conjugal dwelling without intention of
returning. (3 months with failure to give any information as to his/her whereabouts) NOTE: (ART. 78 FC)
- A minor who accordingly to law may
contract marriage may also execute his or
TERMINATION BY DEATH: her marriage settlements, but they shall be
1. CPP shall be liquidated in the same proceeding for the settlement of estate valid only if the persons designated in Art.
2. If none, liquidation shall be made judicially or extra-judicially w/in 1 yr from the 14 to give consent to the marriage are made
death parties to the agreement. Otherwise,
3. upon lapse of 6 months, no liquidation, disposition or encumbrance shall be void. settlement is void and the default
4. subsequent marriage w/o complying with this, complete separation of property will settlement shall govern.
be the property relation.
marriage is in good faith, the share of
the party in bad faith in the co-
ownership shall be forfeited in favor
of: (in order)
a. Common children
b. Descendants of common
children
c. Innocent party
Forfeiture shall take place upon
termination of the cohabitation.
COHABITATION NOT FALLING UNDER ART. 147
PROEPRTY REGIME (ART. 148)
- Only the properties acquired by both
of the parties through their actual
joint contribution of money, property,
or industry shall be owned by them in
common in proportion to their
respective contributions.
- In the absence of proof to the
contrary, their contributions and
corresponding shares are presumed to
be equal.
- The same rule and presumption shall
apply to joint deposits of money and
evidence of credit.
- If one of the parties is validly marred
to another, his/her share in the co-
ownership shall accrue to the ACP or
CPG existing in such valid marriage
- If party who acted in bad faith is not
validly married to another, his/her
share shall be forfeited in the manner
provided in the last part of Art. 147.

SEPARATION OF THE PROPERTY OF THE SPOUSES AND ADMINISTRATION OF THE COMON
PROPERTY BY ONE SPOUSE
JUDICIAL SEPARATION OF PROPERTY (ART. 134)
- In the absence of express declaration in the marriage settlements, the separation of
property between spouses during the marriage shall not take place except by
judicial order. Such judicial separation of property may either voluntary or for
sufficient cause.
GROUNDS FOR JUDICIAL SEPARATION OF PROPERTY (ART 135) – (for involuntary separation)
1. Sentenced to a penalty which carries with it civil interdiction
2. Judicially declared absentee
3. Loss of parental authority of the spouse has been declared by the court
4. Abandonment or failed to comply with his/her obligations to the family (marital, parental,
property relations) (3 months)
5. Abuse the power of administration in the marriage settlements
6. At the time of petition, the spouses have been separated in fact for at least 1 year and
reconciliation is highly improbable.
* in cases 1,2,3, presentation of final judgment is enough basis.
VOLUNTARY DISSOLUTION OF CPG OR ACP
ART. 136. Spouses may jointly file a verified petition with the court for voluntary dissolution
of ACP, CPG and separation of their common properties.
ART. 137. Liquidation of ACP or CPG. During pendency , ACP or CPG shall pay for the support
of the spouses and common children.
ART. 138. After dissolution, complete separation of property shall apply.
*PETITION AND JUDGMENT SHALL BE RECORDED IN THE PROPER LOCAL CIVIL REGISTRIES
AND REGISTRIED OF PROPERTY.
GROUNDS FOR REVIVAL OF PROPERTY REGIME (ART. 141
1. Civil interdiction terminates
2. Absentee reappears
And shall likewise apply even if both
parties are in bad faith.
3. Court is satisfied that there will be no abuse of administration
4. Resumes common life with the other (abandonment no more)
5. Parental authority restored
6. Reconcile and resume common life (separation in fact)
7. When after voluntary dissolution of the ACP or CPG has been judicially decreed upon the
joint petition of the spouses, they agree to the revival of the former property regime. No
voluntary separation of property may thereafter be granted. (one-time only ang voluntary, if
you want separation, there must be a ground for involuntary dissolution)
GROUNDS FOR TRANSFER OF ADINISTRATION OF EXCLUSIVE PROPERTY (ART. 142) (when
one spouse..)
1. Becomes the guardian of the other
2. Judicially declared an absentee
3. Sentenced to a penalty with civil interdiction
4. Becomes fugitive from justice or hiding as an accused in a criminal case.
*Court may appoint another if the other spouse is not qualified by reason of incompetence,
conflict of interest or any other just cause.
DONATION PROPTER NUPTIAS
- Donations by reason of marriage are those which are made before its celebration, in
consideration of the same, and in favor of one or both of the future spouses. (ART
82)
- If the future spouses agree upon a regime other than the ACP, they cannot donate
to each other marriage settlements more than 1/5 of their present property. Any
excess shall be considered void. Donations of future property shall be governed by
the provisions on the testamentary succession the formalities of wills. (ART 84)
- Donations by reason of marriage of property subject to encumbrances shall be
valid. In case of foreclosure of the encumbrance and the property is sold for less
than the total amount of the obligation secured, the done shall not be liable for the
deficiency. If the property is sold for more than the total amount of said obligation,
the done shall entitled to the excess. (ART 85)
GROUNDS FOR REVOCATION OF DONATION PROPTER NUPTIAS (ART 86)
1. Marriage not celebrated or judicially declared void ab initio. (except donations made in the
marriage settlements which stipulations do not depend upon the celebration of marriage
remain valid)
2. Marriage w/o consent as required by law
3. Annulled, done acted in bad faith
4. Legal separation, Donee is guilty spouse
5. Resolutory Condition is complied with
6. Donee committed an act of ingratitude.

VOID DONATIONS BY THE SPOUSES

- Every donation or grant of gratuitous advantage, direct or indirect, between the
spouses during the marriage shall be void, except moderate gifts which the spouses
may give each other on the occasion of any family rejoicing.
- The prohibition shall also apply to persons living together as husband and wife
without a valid marriage.

ENFORCEABILITY OF MARIAGE SETTLEMENTS

- Marriage settlements and any modification (made before celebration) thereof shall
be in writing, signed by the parties and executed before the celebration of the
marriage. They shall not prejudice 3rd person unless they are registered in the local
civil registry where the marriage contract is recorded as well as in the proper
registries of property. (ART. 77)
- A minor who according to law may contract marriage may also execute his/her
marriage settlements, but they shall be valid only if the person designated to give
consent to the marriage are made parties to the agreement. (ART 78)
- In the absence of contrary stipulation, PH law shall govern the property relations
regardless of place of marriage except: 1) both aliens; 2) extrinsic validity affecting
property not situated in PH and executed where the property is located; 3) extrinsic
validity entered into in the PH but affecting property situated in foreign country.