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MARRIED DECEDENT

GROSS ESTATE
COMPOSITION OF GROSS ESTATE

 EXCLUSIVE PROPERTIES
 COMMON/CONJUGAL PROPERTIES

EXCLUSIVE COMMON/ TOTAL


CONJUGAL
GROSS ESTATE xxx xxx xxx

DEDUCTIONS (xx) (xx) (xx)

xx xx xx
RULES IN DETERMINING THE
PROPERTY OF RELATIONSHIP
 AGREEMENT ON MARRIAGE
SETTLEMENT
 IF THERE WAS NO PRENUPTIAL
AGREEMENT:

* CONJUGAL PARTNERSHIP OF GAINS – IF


CELEBRATED BEFORE AUGUST 3, 1988
* ABSOLUTE COMMUNITY OF PROPERTY –
IF CELEBRATED ON OR AFTER AUGUST 3, 1988
CONJUGAL PARTNERSHIP OF
GAINS
 A PROPERTY RELATION WHEREBY THEY PLACE IN A
COMMON FUND THE PROCEEDS, PRODUCTS, FRUITS,
AND INCOME OF THEIR SEPARATE PROPERTIES, AND
THOSE ACQUIRED BY EITHER OR BOTH SPOUSES BY
THEIR EFFORTS OR BY CHANCE, DURING
MARRIAGE.

NOTE:
 PROPERTIES ACQUIRED BEFORE MARRIAGE AND;
 PROPERTIES ACQUIRED DURING MARRIAGE THRU
GRATUITOUS TITLE ARE EXCLUSIVE PROPERTIES, EXCEPT
THE FRUITS.
SUMMARY FOR CPG
EXCLUSIVE CONJUGAL
ALL PROPERTIES AND FRUITS XXX
ACQUIRED BEFORE MARRIAGE
PROPERTIES ACQUIRED DURING XXX
MARRIAGE THRU GRATUITOUS
TITLES
ALL PROPERTIES AND FRUITS XXX
ACQUIRED DURING MARRIAGE,
EXCEPT (1) ACQUIRED THRU
GRATUITOUS TITLE AND (2)
EXCHANGE OF EXCLUSIVE
PROPERTY

FRUITS OF EXCLUSIVE XXX


PROPERTIES DURING MARRIAGE
PROPERTIES WITH XXX
DESCENDANTS FROM PREVIOUS
MARRIAGE
EXAMPLE
 Mr. and Mrs. Genaro Robles got married before August 3, 1988. They failed to
have a pre-nuptial agreement. As such, they were under the conjugal
partnership of gains. Mr. Robles died. The following properties with their fair
market values were left behind:

Properties inherited by the decedent before the marriage P3,500,000


Properties received as donation by the surviving spouse, dm 3,000,000
Properties inherited by the decedent during the marriage 500,000
Income from the properties inherited by the decedent
before the marriage 100,000
Income from properties inherited by the decedent
during the marriage 200,000
Properties acquired before the marriage by the decedent
who had legitimate descendants by a former marriage 50,000
COMPUTE THE VALUE OF EXCLUSIVE
AND CONJUGAL PROPERTY UNDER CPG
EXCLUSIVE CONJUGAL TOTAL
GROSS ESTATE:
(write the 3,500,000 3,500,000
transaction)
(write the 500,000 500,000
transaction)
(write the 100,000 100,000
transaction)
(write the 200,000 200,000
transaction)
(write the 50,000 50,000
transaction)
4,050,000 300,000 4,350,000
ABSOLUTE COMMUNITY OF PROERTY

 PROPERTY RELATIONS WHEREBY PROPERTIES


ACQUIRED DURING MARRIAGE THRU GRATUITOUS
TITLE, PROPERTIES FOR EXCLUSIVE USE, AND
PROPERTIES ACQUIRED WITH DESCENDANTS FROM
PREVIOUS MARRIAGE INCLUDING ITS FRUITS ARE
EXCLUSIVE.

NOTE:
1. PROPERTIES ACQUIRED BEFORE AND AFTER THE
MARRIAGE,EXCEPT THOSE MENTION ABOVE ARE CONSIDERED AS
COMMON.
2. JEWELRY IS ALWAYS COMMON, EXCEPT ACQUIRED FROM
PREVIOUS MARRIAGE
SUMMARY OF ACP
EXCLUSIVE COMMON
PROPERTIES ACQUIRED BEFORE XXX
AND DURING MARRIAGE THRU
ONEROUS TITLE, EXCEPT FOR
EXCLUSIVE USE
PROPERTIES ACQUIRED THRU XXX
GRATUITOUS TITLE, BEFORE
MARRIAGE
PROPERTIES ACQUIRED DURING XXX
MARRIAGE THRU GRATUITOUS
TITLE, INCLUDING THE FRUITS

FRUITS FOLLOW THE PRINCIPAL XXX XXX

PROPERTIES FOR EXCLUSIVE USE, XXX XXX (IF JEWELRY)


EXCEPT JEWELRY
PROPERTIES AND FRUITS WITH XXX
DESCENDANTS FROM PRIOR
MARRIAGE
EXAMPLE
 Mr. and Mrs. Genaro Robles got married on August 3, 1988. They failed to
have a pre-nuptial agreement. As such, they were under the absolute
community of property. Mr. Robles died. The following properties with their
fair market values were left behind:

Properties inherited by the decedent before the marriageP3,500,000


Properties received as donation by the surviving spouse,dm 3,000,000
Properties inherited by the decedent during the marriage 500,000
Income from the properties inherited by the decedent
before the marriage 100,000
Income from properties inherited by the decedent
during the marriage 200,000
Properties acquired before the marriage by the decedent
who had legitimate descendants by a former marriage 50,000
COMPUTE THE VALUE OF EXCLUSIVE
AND COMMUNITY PROPERTY UNDER
ACP
EXLUSIVE COMMUNITY TOTAL
GROSS ESTATE
(Write the transaction) 3,500,000 3,500,000

(Write the transaction) 500,000 500,000

(Write the transaction) 100,000 100,000

(Write the transaction) 200,000 200,000

(Write the transaction) 50,000 50,0000

750,000 3,600,000 4,350,000


THANK YOU..!!!

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