ABSOLUTE COMMUNITY PROPERTY CONJUGAL PARTNERSHIP OF GAINS
When applied Civil Code:
-When agreed in the marriage settlement
Family Code:
-In default, when there is no marriage
settlement
Properties Include 1. Properties of the spouses at the time of
celebration of marriage
2. Properties acquired during marriage
*3. Jewelries
*4. Winnings from games of chance
Presumption: Properties acquired during the
marriage are community property if proven to
be acquired during the marriage. This
presumption can only be overcome by clear,
strong, and convincing evidence to the
contrary
COMPLETE SEPARATION OF PROPERTIES
Civil Code: -When agreed in the marriage settlement
-In default, when there is no marriage -When Judicial Separation of Property is
settlement obtained involuntarily or voluntarily during
Family Code: the marriage
-When agreed in the marriage settlement
1. Acquired during the marriage by onerous 1. Properties not agreed upon as separate
title from the common fund
2. Acquired through industry, labor,
profession, and occupation
3. Proceeds, fruits, and income from
conjugal and separate properties
4. Hidden treasure
5. Livestock
6. Winnings from games of chance
7. Properties bought on installment paid
with mixed funds where ownership vested
during marriage, subject to reimbursement
8. Interests on principals collected during
marriage of credit belong exclusively to one
spouse
9. When value of the property after
improvement plus cost of improvement is
greater than the value of the property before
improvement, subject to reimbursement
*ownership shall vest upon reimbursement at
liquidation
Presumption: Properties acquired during the
marriage are conjugal property if proven to be
acquired during the marriage. This
presumption can only be overcome by clear,
strong, and convincing evidence to the
contrary
Exclusive Properties 1. Those provided for as excluded in the
marriage settlement
2. Properties acquired during marriage by
gratuitous title including fruits and income
unless, otherwise provided by the donor,
testator, grantor
3. Properties for personal use (except
jewelries)
4. Properties from previous marriage
*Losses from games of chance shall be charge
to exclusive property of loser spouse
Liabilities 1. Support
a. Spouses
b. Common Children
c. Legitimate children of either spouse
1. Properties owned before the marriage 1. Properties agreed upon as separate
2. Properties acquired during the marriage by 2. All earnings from profession, business, or
gratuitous title industry and all fruits, natural, industrial, or
3. Properties acquired by right of civil due or received during marriage
redemption, by barter or by exchange with
exclusive property
*Redemption:the source of money used to
redeem does not matter; property belongs to
the spouse who had the right of redemption
subject to reimbursement
*Exchange:if the separate property is used as
part of purchase price in addition to CP, the
new property is conjugal subject to
reimbursement
4. Properties purchased with exclusive
money
5. Properties bought on installment paid
with mixed funds where ownership vested
before marriage, subject to reimbursement
6. Principals collectible during marriage of
credit belonging exclusively to one spouse
7. When value of the property before
improvement is greater than the cost of
improvement, subject to reimbursement
*ownership shall vest upon reimbursement at
liquidation
*Losses from games of chance shall be charge
to exclusive property of loser spouse
1. Support 1. Family expenses
d. Spouses -both spouses shall bear the family
e. Common Children expenses in proportion to their income
f. Legitimate children of either spouse -in case of insufficiency, it shall be
2. Debts and Obligations
a. Contracted by designated
administrator-spouse (for the benefit of
the family)
b. Contracted by both spouse (even
without benefit to the family)
c. Contracted by one spouse with consent
of the other (even without benefit to the
family)
3. Debts without consent
-to the extent of benefit to the family
4. Expenses on community property
- taxes, liens, charges, and expenses
- major and minor repairs
5. Expenses on separate property used by
the family
-taxes and expenses
-mere preservation
6. Education or Self-improvement
7. Ante-nuptial debts
-insofar as they have redounded to the
benefit of the family
8. Donations and promised to common
children
-for education and self-improvement
9. Obligations charged to community
because of insufficiency of separate property
a. Ante-nuptial debts that did not
redound to the benefit of the family
b. Support of illegitimate children
c. Liabilities by reason of crime or
quasi-delict
*considered as advances
2. Debts and Obligations charged to the current market value of
a. Contracted by designated their separate properties
administrator-spouse (for the benefit
of the family
b. Contracted by both spouse (even
without the benefit to the family)
c. Contracted by one spouse with consent
of the other (even without benefit to
to the family)
3. Debts without consent
-to the extent of benefit to the family
4. Expenses on community property
- taxes, liens, charges, and expenses
- major and minor repairs
5. Expenses on separate property used by
the family
-taxes and expenses
-mere preservation
6. Education or Self-improvement
7. Ante-nuptial debts
-insofar as they have redounded to the
benefit of the family
8. Donations and promised to common
children
-for education and self-improvement
9. Obligations charged to conjugal because
of insufficiency of separate property
a. Ante-nuptial debts that did not
redound to the benefit of the family
b. Support of illegitimate children
c. Liabilities by reason of crime or
quasi-delict
*chargeable only when all liabilities of CP are
 10. Litigation expenses
-between spouses unless, it is found to
be groundless
Note: If community property is insufficient,
spouses are solidarily liable with their
separate properties.
Dissolution Absolute community terminates:
1. Upon death of either spouse
2. When there is a decree of legal separation
3. When the marriage is annulled or declared
void
4. Judicial separation of property during the
marriage
Liquidation 1. Inventory
-separate listing of community property
and exclusive properties
2. Payment of Debts
-liabilities of community property
*if community property is insufficient:
solidarily liable with separate properties
3. Delivery of Remaining Exclusive Properties
already covered and there must be
reimbursement upon liquidation
10. Litigation expenses
-between spouses unless, it is found to
be groundless
Note: If conjugal property is insufficient,
spouses are solidarily liable with their
separate properties.
Conjugal partnership terminates:
1. Upon death of either spouse
2. When there is a decree of legal separation
3. When the marriage is annulled or declared
void
4. Judicial separation of property during the
marriage
1. Inventory
-separate listing of conjugal property and
exclusive properties
2. Credits in favor of partnership
-amounts advance by the CP in payment
of personal obligation of either spouse
shall be treated as assets (receivables) of
the CP
3. Reimbursement in favor of spouse
-separate funds of the spouse used to buy
CP or that which ownership vested in the
CP shall be reimbursed to the spouse
4. Payment of Debts
-liabilities of conjugal property
*if conjugal property is insufficient: solidarily
liable with separate properties
5. Delivery of Remaining Exclusive Properties
4. Partition of Net Assets
FORMULAS:
Net Assets= Community Property (-) Liabilities
*divided equally, unless 1) a different
proportion is provided in the marriage
settlement; 2) there has been a valid waiver;
3) there is forfeiture
In case of forfeiture
Net Profits= Market Value at dissolution (-)
MV at the time of marriage
Share of each Spouse= Net Assets- Net
profits
*net profit forfeited in favor of: 1) common
children or 2) children of the guilty spouse in
the previous marriage or the 3) innocent
spouse
5. Delivery of Presumptive Legitime
*6. Conjugal Dwelling
-based on agreement in the partition
-if no agreement, adjudicated to the
spouse where majority of the children
choose to live
-below 7 years old: deemed to have
chosen the mother, unless the court
decides otherwise
-if no majority, the court shall decide
6. Loss of separate property used by the
family
-paid by the CP
7. Partition of Net Remainder
FORMULAS:
Net Remainder=Profits
*Conjugal properties after taking into account
#2-#6
*divided equally, unless 1) a different
proportion is provided in the marriage
settlement; 2) there has been a valid waiver;
3) there is forfeiture
In case of forfeiture
Net Profits
-ordinarily, if there are no exclusive
properties, there is nothing to return (#5)
-thus if there is forfeiture, the net remainder
which constitutes the net profits are entirely
forfeited
8. Delivery of Presumptive Legitime
*9. Conjugal Dwelling
-based on agreement in the partition
-if no agreement, adjudicated to the
spouse where majority of the children
choose to live
-below 7 years old: deemed to have
chosen the mother, unless the court
decides otherwise
-if no majority, the court shall decide
 Simultaneous Liquidation of 2 or more
marriages:
1) Based on proof
2) In case of doubt, in proportion of:
a. Capital; and
b. Duration of each marriage
Administration, Administration
dispositions, and -shall belong to both spouse jointly
encumbrances -in case of disagreement, husband
prevails, subject to recourse to the court
by the wife within 5 years from the
contract implementing husband’s
decision.
Disposition and Encumbrance
-should be with consent
-if without consent void, however,
regarded as a continuing offer
Incapacitated Spouse
1. Administration-may be assumed by
the other
2. Disposition and Encumbrances- there
must either be:
a. Written Consent of the other
spouse
b. Authorization by the court
Simultaneous Liquidation of 2 or more
marriages:
1) Based on proof
2) In case of doubt, in proportion of:
a. Capital; and
b. Duration of each marriage
Administration Each spouse may administer, possess and
-shall belong to both spouse jointly dispose of their separate properties without
-in case of disagreement, husband the need for consent of the other spouse
prevails, subject to recourse to the court
by the wife within 5 years from the
contract implementing husband’s
decision.
Disposition and Encumbrance
-should be with consent
-if without consent void, however,
regarded as a continuing offer
Incapacitated Spouse
1. Administration-may be assumed by
the other
2. Disposition and Encumbrances- there
must either be:
a. Written Consent of the other
spouse
b. Authorization by the court
 UNIONS WITHOUT MARRIAGE
ART 147 ART 148
When applied When all the following requisites concur: When:
1. Both must be capacitated to marry each other 1. One or both don’t have leagl capacity
2. Live exclusively as husband and wife 2. There is legal impediments
3. There is no marriage or there is a void marriage a. Adultery or concubinage
b. Bigamous/polygamous
c. Incestuous marriages
d. Void by reason of public policy
Salaries and Wages Owned by them in equal shares Belongs to each of them exclusively
Properties Acquired During General rule: properties acquired during cohabitation shall be General rule: properties acquired during cohabitation shall be
Cohabitation governed by the rules on co-ownership that is proportionate to owned by them in proportion to their actual joint contribution
their efforts, work or industry Exception: In the absence of proof, their contribution is presumed
Exception: In the absence of proof, it shall be presumed to be to be equal
obtained by their joint efforts, work or industry *the same rule shall apply to joint deposits of money and
No participation in acquisition: the care and maintenance of the evidences of credit
family and household is considered as joint contribution No participation in acquisition: the care and maintenance of the
family and household is NOT CONSIDERED as joint contribution
Dispositions and Encumbrances Requires Consent Requires Consent
Bad Faith Share in the co-ownership shall be forfeited in favor of: Share in the co-ownership shall be forfeited in favor of:
1. Common children; or 4. Common children; or
2. Surviving descendants; or 5. Surviving descendants; or
3. Innocent party 6. Innocent party
*forfeiture shall take place upon termination of cohabitation *forfeiture shall take place upon termination of cohabitation