PROPERTY REGIME OF PROPERTY REGIME OF

REGIME OF UNIONS WITHOUT UNIONS WITHOUT

ABSOLUTE COMMUNITY CONJUGAL PROPERTY OF
SEPARATION OF MARRIAGE (Without any MARRIAGE (With legal
PROPERTY GAINS
PROPERTY legal impediment) impediments)
Art. 147 Art 148
It shall commence at the precise moment that the marriage When future spouses When a man and a When parties involved are
is celebrated. Any stipulation, express or implied, for the agree in the marriage woman capacitated to not capacitated to marry
When will it commencement of the commencement of the community settlements that their marry each other, live each other live exclusively
commence regime at any other time shall be void. (Art. 88, 107) property relations exclusively with each together.
/When is it during marriage. (Art other as husband and
applicable? 143) wife without the benefit of
marriage or under a void
marriage.
No waiver of rights, interests, shares and effects, except in      
Waiver of Rights case of judicial separation of property (Art. 89, 107)
In absence of      
Marriage General Rule. Under Civil
General rule. Under Family
settlement, Code (Established before the
Code.
which regime Family Code)
shall govern?
Property acquired by  
The provisions of the either or both of them
Marriage Settlement; Family Code apply through their work or
Family Code; in case of
Family Code; in case of suppletorily to the industry and their wages
Governing Rules conflict, rules of Co-
conflict, rules of Co- provisions of the and salaries are governed
partnership (Art. 108)
ownership. marriage settlement by the rules of co-
(Article 143). ownership.

Properties All the property owned by
constituting the the spouses at the time of
property regime the celebration of the
marriage or acquired
thereafter.
1. Those acquired during
the marriage with conjugal
funds
2. Those obtained from
labor, industry, work or
profession of either or both
spouse
3. Fruits of conjugal
property due or received
during the marriage and net
fruits of separate property
4. Share in the hidden
May refer to present or   Only properties acquired by
future property or both. both of the parties through
It may be total or their actual joint
partial. In the latter contribution of money,
case, property not property, or industry shall be
agreed upon as separate owned by them in common in
shall pertain to the proportion to their respective
absolute community. contributions.
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Property acquired during
the marriage is presumed
to belong to the
community, unless it is
proved that it is one of
those excluded therefrom.
To invoke the
presumption, the property
Presumption, in must be shown to have
the absence of been acquired during the
proof to the marriage.
contrary It is not necessary to prove
that the property was
acquired by the funds of
the community. Registered
name generally not
indicative, except if you
cannot prove that the
property was acquired
during the marriage.
Exclusions from 1. Property acquired during
the property the marriage by gratuitous
regime title and its fruits except if
(Exclusive its expressly provided by
property of each the donor, testator or
spouse) grantor that they shall form
part of the community
property
2. Property for personal
and exclusive use of either
spouse (jewelry forms part
of the ACP)
treasure
5. Those acquired through
occupation.
6. Livestock in excess of
what was brought to the
marriage
7. Those acquired by
chance.
All property acquired during
the marriage, whether the
acquisition appears to have
been made, contracted or
registered in the name of one
or both spouses, is
presumed to be conjugal
unless the contrary is
proved.
1) That which is brought to
the marriage as his or her
own;
2) That which each acquires
during the marriage by
gratuitous title;
3) That which is acquired by
right of redemption, by
barter or by exchange with
property belonging to only
one of the spouses; and
4) That which is purchased
  Properties acquired while Their contributions and
they lived together shall corresponding shares are
be presumed to have been presumed equal.
obtained by their joint
efforts, work or industry.
A party who did not
participate in the
acquisition by the other
party who did not
participate in the
acquisition by the other
party of any property shall
be deemed to have
contributed jointly in the
acquisition thereof if the
former's efforts consisted
in the care and
maintenance of the family
and of the household.
To each spouse shall 1. Salaries and wages  
belong all earnings from shall be owned by them in
his or her profession, equal shares;
business or industry 2. Property acquired by
and all fruits, natural, either of the parties
industrial or civil, due exclusively by his or her
to received during the own fund belongs to such
marriage from his or her party, provided that there
separate property. is proof that he or she
acquired it by exclusive
All which are agreed in funds;
the marriage settlement. 3. Property acquired while
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 3. Property acquired before
the marriage by one with
legitimate descendants by
former marriage and its
fruits and income
Charges upon 1. Debts and obligations
the Regime contracted by either spouse
without the consent of the
other to the extent it
benefited the family.
2. Debts and obligations
contracted during the
marriage by designated
administrator-spouse, both
spouses, or by one with the
consent of the other.
3. Taxes, liens, charges and
expenses upon community
property.
4. Support of spouses, their
with exclusive money of the
wife or of the husband.
1. Debts and obligations
contracted by either spouse
without the consent of the
other to the extent it
benefited the family.
2. Debts and obligations
contracted during the
marriage by designated
administrator-spouse, both
spouses, or by one with the
consent of the other.
3. Taxes, liens, charges and
expenses upon community
property.
4. Support of spouses, their
Future or present they live together shall be
property or both. presumed to have been
obtained by their joint
efforts, work or industry
and shall be owned by
them in equal shares. A
party who did not
participate in the
acquisition by the other
party of any property shall
be deemed to have
contributed jointly in the
acquisition thereof if the
former’s efforts consisted
in the care and
maintenance of the family
and of the household.
4. The fruits of the
couple’s separate property
are not included in the co-
ownership.
5. Property acquired by
any of the parties after
separation shall be
exclusively owned by the
party who acquired it.
Both shall bear the    
family expenses in
proportionate to their
income.
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 common children and
legitimate children of either
spouse.
5. Expenses of litigation
between spouses unless the
suit is found to be
groundless.
6. Ante-nuptial debts which
redounded to the benefit of
the family.
7. Taxes and expenses for
mere preservation made
during the marriage upon
the separate property of
either spouse used by the
family.
8. Expenses for
professional or vocational
course.
9. Other ante-nuptial
debts, support of
illegitimate child, and
liabilities for crime or
quasi-delicts in absence of
separate property
10. Donated or promised to
common legitimate children
for profession, vocational
course or self improvement.
(Art 94)
Liability if If the community property is insufficient to cover the
property is not foregoing liabilities, except those falling under paragraph
enough for the (9), the spouses shall be solidarily liable for the unpaid
charges balance with their separate properties.
common children and
legitimate children of either
spouse.
5. Expenses of litigation
between spouses unless the
suit is found to be
groundless.
6. Ante-nuptial debts which
redounded to the benefit of
the family.
7. Taxes and expenses for
mere preservation of
separate property
8. Expenses for professional,
vocational or self-
improvement courses of
either spouse.
9. Value of what is donated
or promised to common legit
children for professional,
vocation or self improvement
courses.
10. Other ante-nuptial
debts, support of illegitimate
child, and liabilities for crime
or quasi-delicts in absence of
separate property. (Art 121)
If the donations are onerous,
the amount of the charges
shall be borne by the
exclusive property of the
donee spouse, whenever they
have been advance by the
conjugal partnership of
gains. (Art 114)
Current market value of
their separate properties
 
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  The payment of personal    
debts contracted by the
husband or the wife before
or during the marriage shall
not be charged to the
conjugal properties
partnership except insofar as
they redounded to the
benefit of the family.

Neither shall the fines and

pecuniary indemnities
imposed upon them be
charged to the partnership.

However, the payment of

personal debts contracted by
either spouse before the
Payment of
marriage, that of fines and
personal
indemnities imposed upon
obligations
them, as well as the support
of illegitimate children of
either spouse, may be
enforced against the
partnership assets after the
responsibilities enumerated
in the preceding Article have
been covered, if the spouse
who is bound should have
no exclusive property or if it
should be insufficient; but at
the time of the liquidation of
the partnership, such spouse
shall be charged for what
has been paid for the
purpose above-mentioned.

Losses/Winnings Losses shall be borne by the loser and shall not be charged      
in any game of to the community but any winnings there from shall form
chance, betting, part of the community property. (Art 117, 123)
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sweepstakes, or
any other kind
of gambling
(permitted or
not)
Both spouses jointly enjoy the administration and Each spouse shall own,    
enjoyment of the community property/ conjugal dispose of, posses,
partnership. In case of disagreement, however, the administer and enjoy
husband’s decision shall prevail, subject to recourse to the his or her separate
court by the wife for proper remedy, which must be availed estate, without need of
of within five years from the date of the contract the consent of the other.
implementing such decision. In the event that one spouse
is incapacitated or otherwise unable to participate in the
administration of the common properties, the other spouse
may assume sole powers of administration.
Administration
These powers do not include disposition or encumbrance
without authority of the court or the written consent of the
other spouse. In the absence of such authority or consent,
the disposition or encumbrance shall be void. However, the
transaction shall be construed as a continuing offer on the
part of the consenting spouse and the third person, and
may be perfected as a binding contract upon the
acceptance by the other spouse or authorization by the
court before the offer is withdrawn by either or both
offerors.
Neither spouse may donate any community/conjugal   Neither party can  
property without the consent of the other. Consent is not encumber or disose by
needed when donations are moderate and in favor of acts inver vivos of his or
charity or on occasions of family rejoicing or family her share in the property
Consent in distress. (Art 98) acquired during
Donation of cohabitation and owned in
Spouses common, without the
consent of the other, until
after the termination of
their cohabitation. (Art
147)

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 1) Upon the death of either spouse  Filing a Decree reviving  Marriage without  Forfeiture of a share in the
When is the 2) When there is a decree of legal separation the former property marriage settlement or as ownership.
regime 3) When the marriage is annulled or declared void regime that existed arranged in the marriage
terminated? 4) In case of judicial separation of property during the between the spouses settlement.
marriage under Article 134 to 138. (governed by Art 67)

Dissolution must be registered in the registry of property to   Executing a Deed of  

affect 3rd persons in good faith.
Requirements in
Dissolution
1. Inventory of all properties
2. Payments of Debts and
obligation of ACP
3. Remains at the separate
properties of the spouses
are returned to the owner.
4. Net remainder of ACP is
divided equally.
Procedure of 5. Delivery of presumptive
Dissolution / legitimes. (Art 102)
Liquidation
1) Same proceeding for
Dissolution settlement of estate; or
upon death of a 2) Judicially or extra-
spouse judicially within one year
from the death of spouse
Extrajudicial Partition.
Such agreement is
perfectly legal and is a
valid way of dividing up
their properties. (Art 496)
1. Inventory of all property      
2. Amounts advanced by the
conjugal partnership in
payment of personal debts
of either spouse
3. Reimbursement for use of
exclusive funds of either
spouses
4. Payments of obligations
to third parties
5. Delivery of the remains of
exclusive funds to each
spouse
6. Payment of losses of
movables
7. Division of net profits
8. Delivery of presumptive
legitimes. (Art. 129)
1) Same proceeding for      
settlement of estate; or
2) Judicially or extra-
judicially within six months
from the death of spouse

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Rule if there is
subsequent
A mandatory regime of complete separation of property
marriage
shall govern the property relations of the subsequent
without the
marriage.
liquidation
required by law

Either spouse may dispose

by will of his or her interest
in the community property.
This is possible because
the will takes effect only
upon the death. However,
neither spouse may donate
Rules on
any community property
Disposition of
without the consent of the
properties of the
other. However, either
spouses
spouse may, without the
consent of the other, make
moderate donations from
the community property for
charity or on occasions of
family rejoicing or family
distress.

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 The separation in fact or separation de facto (as opposed to
legal separation), between husband and wife shall not
affect the regime of absolute community, except that:

(1) The spouse who leaves the conjugal home or refuses to

live therein, without just cause, shall not have the right to
be supported;

Effects if the (2) When the consent of one spouse to any transaction of
spouses the other is required by law, judicial authorization shall be
separate in fact obtained in a summary proceeding;

(3) In the absence of sufficient community property, the

separate property of both spouses shall be solidarily liable
for the support of the family. The spouse present shall,
upon proper petition in a summary proceeding, be given
judicial authority to administer or encumber any specific
separate property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter’s share.

If a spouse without just cause abandons the other or fails

to comply with his or her obligations to the family
(”obligations to the family” refer to marital, parental or
property relations), the aggrieved spouse may petition the
court for receivership, for judicial separation of property or
for authority to be the sole administrator of the absolute
community, subject to such precautionary conditions as
Procedures in
the court may impose.
case of
abandonment
A spouse is deemed to have abandoned the other when her
or she has left the conjugal dwelling without intention of
returning. The spouse who has left the conjugal dwelling
for a period of three months or has failed within the same
period to give any information as to his or her whereabouts
shall be prima facie presumed to have no intention of
returning to the conjugal dwelling.

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 Upon the termination of the marriage by death, the
community property shall be liquidated in the same
proceeding for the settlement of the estate of the deceased.
If no judicial settlement proceeding is instituted, the
surviving spouse shall liquidate the community property
either judicially or extra-judicially within six months from
Procedures in
the death of the deceased spouse.
case of death of
a spouse
If the procedure on liquidation, as outlined above, is not
followed: (a) any disposition or encumbrance involving
community property by the surviving spouse shall be void;
and (b) any subsequent marriage shall be governed by the
mandatory regime of complete separation of property.

      When only one of the If one party is validly

parties is in good faith, the
share of the party in bad
faith shall be forfeited:
1. In favor of their common
children
2. In case of default of or
waiver by any or all of the
Forfeiture in common children or their
case one party is descendants, each vacant
in bad faith share shall belong to the
respective surviving
descendants
3. In the absence of such
descendants, such share
belongs to the innocent
party
married to another:
- His or her share in
the co-owned
properties will
accrue to the
ACP/CPG of his/her
existing valid
marriage
If the party who acted in
bad faith is not validly
married to another, his/her
share shall be forfeited in
the same manner as that
provided in Art 147.
The same rules on forfeiture
shall apply if both parties
are in bad faith.

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