Absolute

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

Complete Separation of
Property (CSP)

Property Regime Property Regime of

of Unions Without Unions Without
Marriage
Marriage

Article 143-147
Article 88-104
When it Applies

When spouses:
Adopt it in
a
marriage
settlement
Do
not
choose
any
property regime
Adopted a
different property
regime but the
same is void

What is included

All
properties
owned by the
spouses at the
time of marriage
become

Article 105142

Article 147

Article 148

Separation
of
when a man
both parties
property between the spousesand a woman live must be capacitated to
during marriage shall not take together as husband marry each other
place except by judicial order. and wife, but they
are not married (a
common-law union
no existing
or a live-in
marriage or the
relationship)
marriage is void.
Except: bigamous
marriage
when there
is no benefit of
marriage although
the man and the
woman are
capacitated to
marry each other
and the marriage is
void (void ab initio)
may refer to present
their wages
properties
or future property or both.
and salaries
acquired by both
through their actual
joint contribution of
money, property or
may be total or partial
property

community
property
Except:
Properties
acquired by a
gratuitous
title
(exception: When
it was expressly
provided by the
donor that the
property
shall
form part of the
ACP)
Properties
for personal use
(exception:
Jewelry)

Properties
acquired
before
the marriage, for
those
with
legitimate
descendants with
a former marriage

acquired by either industry

or both of the
parties thru their
* in the latter case, the
property not agreed upon as work or industry
separate shall pertain to the
absolute community
properties
acquired while
living together
purchases
that were obtained
in exchange or
substitute of the
property acquired
by either or both of
the parties thru
their work or
industry or their
wages or industry
fruits as a
result of the work
or industry of either
or both of the
parties
interest on
joint bank deposits
of the couple

Charges/Liabilities/Obligations

Support:
spouses, common
children,
legitimate children
of
previous
marriage
Debts and
Obligations
contracted during
marriage
Debts
contracted by one
spouse without the
consent of the
other
Tax, liens,
repairs
on
community
property
Taxes and
expenses for mere
preservation
of
separate properties
Expenses
for professional,
vocational,
or
self-improvement

each spouse shall

contribute to the family
expenses, in proportion to
their income.
in
case
of
insufficiency, to the current
market value of their separate
properties.
liability
of
the
spouses to creditors for
family expenses shall be
solidary

course of spouses
Antenuptial debts that
benefited
the
family
Donations
by both spouses to
common
legitimate children
Antenuptial debts not
under (7), support
of
illegitimate
children, liabilities
of either spouse
arising from crime
or quasi-delict
10.

Administration

Expenses
of
litigation
between spouses

Belongs to both
spouses jointly

Exception: If they
disagree,
the

separate/exclusive
Coownership of their ownownership
estate without the need of
the consent of the other
to each spouse shall

Equal Sharing:
Salaries and wages of
both male and female
party
Co-

husbands
decision prevails

belong all earnings from

his or her profession,
business or industry and all
fruits, natural, industrial or
civil, due or received
during the marriage from
his or her separate property
The administration of all
classes of exclusive property
of either spouse may be
transferred by the court to the
other spouse:

(1) When one spouse

becomes the guardian of
the other;

(2) When one spouse

is judicially declared an
absentee;

(3) When one spouse

is sentenced to a penalty
which carries with it civil
interdiction; or

(4) When one spouse

becomes a fugitive from
justice or is in hiding as an
accused in a criminal case.
If the other spouse is not
qualified by reason of
incompetence, conflict of
interest, or any other just
cause, the court shall appoint
a suitable person to be the

Ownership: properties
acquired by both thru
work or industry
Not covered
by Co-Ownership:
Donations,
inheritance, Purchased
properties out of
Exclusive Property

administrator.

Dissolution/
Liquidation/Disposal

ACP terminates:

Upon the
death of either
spouse
When
there is a decree
of legal separation
When the
marriage
is
annulled
or
declared void
Judicial
separation
of
property
during
marriage

spouses may jointly

Neither
Encumbrance
file a verified petition party can
or disposal of shares
within the court forencumber or
in the property
voluntary dissolution of thedispose by acts
acquired during
ACP or the CPG and for inter vivos of his or cohabitation is
the separation of theirher share in the
allowed only after
common properties
property acquired termination of
during cohabitationcohabitation.
and owned in
all creditors of thecommon, without
ACP and CPG as well asthe consent of the
the personal creditors ofother, until after the
the spouse shall be listed in termination of their
the petition and notified ofcohabitation.
the filing thereof

the court shall take

measures to protect the
creditors and other persons
with pecuniary interest

the separation of
property shall not prejudice
the
rights
previously
acquired by the creditors

upon decree, the ACP

or CPG shall be liquidated
in conformity with this
Code

during the pendency

of the proceedings for
separation of property, the
ACP or CPG shall pay for
the support of the spouses
and their children.

Forfeiture
N/A

N/A

N/A

When only
if one party is
one of the parties is validly married to
in good faith, the another, his or her coshare of the party in owned properties will
bad faith shall be accrue to the ACP or
forfeited:
CPG of his or her
In favor of existing marriage
their common
children
In case of
if the party
default of or waiver
who acted in bad
by any or all of the
common children faith is not validly
or their
married to another,
descendants, each his/her share shall
vacant share shall
be forfeited in the
belong to the
manner provided in
respective
Art. 147 last
surviving

descendants
paragraph
In the
absence of such
descendants, such
share belongs to the
innocent party