1. What is a property regime?

Property regime is those set of rules agreed upon by the parties to a marriage which governs their
property relations during the course of their married life. (Article 75 Family Code of the
Philippines)
2. What are the different property regimes under Philippine law?
Philippine law recognizes three property regimes, to wit:
1. Regime of Absolute Community of Property;
2. Regime of Conjugal Partnership of Gains; and
3. Regime of Complete Separation of Properties.
3. What are the differences between the three property regimes?
Absolute Community of
Property
Conjugal Partnership of Gains
Complete Separation of
Properties
Parties deemed as co-
owners of properties they
both own at the time of the
celebration of marriage and
those acquired
thereafter. (Article 90
Family Code of the
Philippines
Parties retain ownership over
their respective properties. The
parties place in a common fund
the proceeds, products, fruits and
income from their separate
properties and those acquired by
either or both spouses through
their efforts or by chance. Upon
dissolution of the marriage or of
the partnership, the net gains or
benefits obtained by either or
both spouses shall be divided
equally between them, unless
otherwise agreed in the marriage
settlements. (Article 106 Family
Code of the Philippines)
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
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. (Article 145 Family
Code of the Philippines)

It may refer to present or
future property or both. It may
be total or partial. In the latter
case, the property not agreed
upon as separate shall pertain
to the absolute community.
(Article 144 Family Code of
the Philippines)


4. If my boyfriend and I got married without making any pre-nuptial agreement, what
property regime governs?
In the absence of a marriage settlement, the system of absolute community of property shall
govern. (Article 75 Family Code of the Philippines)
5. When does the property regimes commence?
The property regimes shall commence at the precise moment that the marriage is celebrated.
6. My husband and I did not execute any pre-nuptial agreement before marriage. Can we
change our property relations during our marriage?
No, in order that any modification in the marriage settlements may be valid, it must be made
before the celebration of the marriage. (Article 76 Family Code of the Philippines)
However, parties may jointly file a verified petition with the court for the voluntary dissolution
of the absolute community or the conjugal partnership of gains, and for the separation of their
common properties during their marriage. (Article 136 Family Code of the Philippines)
7. My husband and I executed a pre-nuptial agreement before our marriage but we never
registered the same with any government agency. Is it valid?
As between the two of you, yes it is valid as it is in the nature of a contract. Obligations arising
from contracts have the force of law between the contracting parties and should be complied
with in good faith. (Article 1159 Civil Code of the Philippines)
However, the pre-nuptial agreement shall not prejudice third persons unless they are registered in
the local civil registry where the marriage contract is recorded as well as in the proper registries
of properties. (Article 77 Family Code of the Philippines)
Administration and
enjoyment of the
community property shall
belong to both spouses
jointly. (Article 96 Family
Code of the Philippines)
The administration and
enjoyment of the conjugal
partnership shall belong to both
spouses jointly. (Article 124
Family Code of the Philippines)
Parties are free to manage their
respective properties without
interference of the other.
Neither spouse may donate
any community property
without the consent of the
other. (Article 98 Family
Code of the Philippines)
Neither spouse may donate any
conjugal partnership property
without the consent of the other.
(Article 125 Family Code of the
Philippines)
Parties are free to donate
without interference of the
other.
8. My husband and I did not execute a prenuptial agreement. During our marriage, my
mother donated a property me alone. Is the property mine?
Yes, property acquired during the marriage by gratuitous title by either spouse is deemed
excluded from the community property. (Article 92 (1) Family Code of the Philippines)
9. My husband and I have no pre-nuptial agreement. During our marriage my husband
engaged in cock-fighting and incurred debts. Am I liable for his debts as well?
No. Whatever your husband lost during your marriage in any game of chance or in betting,
sweepstakes, or any other kind of gambling whether permitted or prohibited by law, shall be
borne by him and shall not be charged to the properties owned in common. (Article 95 Family
Code of the Philippines)
10. Will the property I acquired before marriage form part of the community property?
Yes. All properties are deemed part of the community property in the absence of any marriage
settlement executed prior to the marriage.
However, properties acquired before the marriage by either spouse who has legitimate
descendants by a former marriage, and the fruits as well as the income, if any, of such property is
deemed excluded from the community property. (Article 92(3) Family Code of the
Philippines)
11. My husband and I executed a conjugal partnership of gains pre-nuptial agreement
before our marriage. What property belongs to me?
The spouses retain the ownership, possession, administration and enjoyment of their exclusive
properties. (Article 110 Family Code of the Philippines)
The following shall be the exclusive property of each spouse:
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 with exclusive money of the wife or of the husband. (Article
109 Family Code of the Philippines)
12. My present partner and I are unmarried, what property regime govern?
When parties who are capacitated to contract marriage live together as man and wife without the
benefit of marriage or under a void marriage, they are deemed as co-owners in equal share of
their wages, salaries and properties. (Article 147 Family Code of the Philippines)
13. My girlfriend and I are living together as husband and wife without the benefit of
marriage does she have a share in my income despite the fact that I am the sole
breadwinner?
Yes. In the absence of proof to the contrary, properties acquired while they lived together shall
be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by
them in equal shares.
Under the law, your girlfriend's care and maintenance are deemed as her contribution to the
union. (Article 147 Family Code of the Philippines)
14. I only recently learned that my marriage to my husband is void and that he knew all
along that our marriage was void. What will happen to our properties?
The share of the party who is in bad faith shall be forfeited in favor of the common children.
However, if the union produced no children or if the common children or their descendants
waive their right to their respective share, the properties shall belong to you. (Article 147
Family Code of the Philippines)
15. My girlfriend is married to another man but they have since separated and we have
been living together as man and wife for several years already. What governs our property
relation?
You and your girlfriend are deemed as co-owners of the properties acquired through actual joint
contribution of money, property, or industry in proportion to your respective contributions.
Absent any proof actual contributions, the contributions and corresponding shares are presumed
to be equal. The same rule and presumption shall apply to joint deposits of money and evidences
of credit.
However, since your girlfriend is validly married to another, her share in the co-ownership shall
accrue to the absolute community or conjugal partnership existing in her valid marriage. (Article
148 Family Code of the Philippines)