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CONJUGAL PARTNERSHIP OF GAINS SALIENT FEATURES

This is a property regime wherein the husband and wife PLACE IN A COMMON FUND the
proceeds, products, and income from the following:

a) Those from their separate properties;


b) Those from their efforts (i.e. occupation).

Each spouse retains his/her property before the marriage. Only the FRUITS and the INCOME of
the separate properties of the husband and the wife during the marriage become part of the
Conjugal Partnership of Gains.

What properties are included in the conjugal partnership?

a) Those acquired by onerous title during the marriage (i.e acquired via purchase or
trade/barter) by using the common fund even if the acquisition is for only one of the
spouse;
b) Those obtained from profession of one or both of the spouses;
c) The income from their common property as well as the income from their separate
properties during the marriage;
d) Those which are acquired by chance (i.e. gambling). However, the losses from gambling
shall be borne exclusively by the loser-spouse.

What are the exclusive properties of each spouse?

a) Property that is brought to the marriage as his or her own;


b) Property acquired during the marriage by gratuitous title (i.e. donation, inherited
property);
c) Property purchased with exclusive money of either spouse.

NOTE: To simplify, in determining whether the property bought should be included in the
partnership, just follow the source of the fund.

Miscellaneous features

The ADMINISTRATION and enjoyment of the conjugal partnership shall belong to both
spouses jointly. In case of disagreement, the husbands decision shall prevail. This does
not include disposition. The other spouse cannot sell or dispose of the conjugal property
without the WRITTEN CONSENT of the other spouse.
Neither spouse may donate any conjugal partnership property without the consent of
the other.
The sale of a conjugal partnership property written consent of the other spouses shall
be void.

REGIME OF COMPLETE SEPARATION OF PROPERTY


In the Regime of Complete Separation of Properties, each spouse shall own, dispose of,
possess, administer and enjoy his or her own separate estate, without need of the consent of
the other. To each spouse shall belong all the 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 Parties are free to manage their respective properties without interference from the other
spouse. Likewise, the Parties are also free to donate without interference of the other.