The law on CONJUGAL PARTNERSHIP OF GAINS of Properties in simple terms shall be like

this

Any property acquired before the husband got married shall be exclusively his.

Any property acquired before the wife got married shall be exclusively hers.

When the man and woman get married their exclusive properties shall be joined-together
as part of one estate within the CONJUGAL PROPERTY and the FRUITS of those
properties shall be shared between the husband and wife for the duration of their
marriage.

Any property acquired during their marriage shall be considered part of the CONJUGAL
PROPERTY and shall be equally owned by the husband and wife.

Should the the husband and wife file for LEGAL SEPARATION, DIVORCE OR
ANNULMENT, the exclusive property of the husband which he acquired before the
marriage and all its fruits, shall be taken out of the CONJUGAL PROPERTY and will be
again solely owned by him; and likewise the exclusive property of the wife and all its
fruits, which she acquired before the marriage shall again be solely owned by her.

Also, in case of LEGAL SEPARATION, DIVORCE OR ANNULMENT, and the spouses

filed for SEPARATION OF PROPERTIES in court, the properties acquired by both or
any of the spouses during their marriage shall be considered part of their CONJUGAL
PROPERTY and shall be split in half between the husband and the wife.

The conjugal partnership shall be liable for:

a)
The support of the spouse, their common children and the legitimate children of either
spouse; however, the support of the illegitimate children shall be governed by the provisions on
this Code on Support;
b) All debts and obligations contracted during the marriage by the designated administratorspouse for the benefit of the conjugal partnership of gains, or by both spouses, or by one of them
with the consent of the other;
c)
Debts and obligations contracted by either spouse without the consent of the other to the
extent that the family may have benefited;

d) All taxes, liens, charges and expenses, including major and minor repairs upon the conjugal
partnership property;
e) All taxes and expenses for mere preservation made during the marriage upon the separate
property of either spouse;
f)
Expenses to enable either spouse to commence or complete a professional, vocational or
other activity for self-improvement;
g) Antenuptial debts of either spouse insofar as they have redounded to the benefit of the
family;
h) The value of what is donated or promised by both spouses in favor of their common
legitimate children for the exclusive purpose of commencing or completing a professional or
vocational or other activity for self-improvement, and
i)

Expenses of litigation between the spouses unless the suit is found to be groundless.

If the conjugal partnership is insufficient to cover the foregoing liabilities, the spouses shall be
solidarily liable for the unpaid balance with their separate properties.

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Absolute Community of Property in simple terms would be like this

All properties acquired by the spouses before their marriage, and all properties acquired
during their marriage shall be considered part of one whole estate of the ABSOLUTE
COMMUNITY OF PROPERTY owned by both spouses.

All properties donated, inherited and/or properties given gratuitously to either of the
spouse before their marriage shall also be considered as part of the ABSOLUTE
COMMUNITY OF PROPERTY once they get married, and shall be owned by both
spouses.

IN CASE OF LEGAL SEPARATION, DIVORCE OR ANNULMENT, the regime of

ABSOLUTE COMMUNITY OF PROPERTY shall not be affected and will remain
owned by both spouses, unless the spouses FILED FOR JUDICIAL SEPARATION OF
PROPERTIES

In case the spouses filed Judicial Separation of Properties, the properties within the
Absolute Community of Properties shall be split in half between the husband and the
wife.

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What are the charges and obligations of the absolute community?

The absolute community of property shall be liable for:
(1) The support of the spouses, their common children, and legitimate children of either spouse;
however, the support of illegitimate children shall be governed by the provisions of the Family
Code on Support;
(2) All debts and obligations contracted during the marriage by the designated administratorspouse for the benefit of the community, or by both spouses, or by one spouse with the consent
of the other;
(3) Debts and obligations contracted by either spouse without the consent of the other to the
extent that the family may have been benefited;
(4) All taxes, liens, charges and expenses, including major or minor repairs, upon the community
property;
(5) All taxes and expenses for mere preservation made during marriage upon the separate
property of either spouse used by the family;
(6) Expenses to enable either spouse to commence or complete a professional or vocational
course, or other activity for self-improvement;
(7) Ante-nuptial debts (debts contracted before the marriage) of either spouse insofar as they
have redounded to the benefit of the family;
(8) The value of what is donated or promised by both spouses in favor of their common
legitimate children for the exclusive purpose of commencing or completing a professional or
vocational course or other activity for self-improvement;

(9) Ante-nuptial debts of either spouse other than those falling under No. 7 above, the support of
illegitimate children of either spouse, and liabilities incurred by either spouse by reason of a
crime or a quasi-delict, in case of absence or insufficiency of the exclusive property of the
debtor-spouse, the payment of which shall be considered as advances to be deducted from the
share of the debtor-spouse upon liquidation of the community; and
(10) Expenses of litigation between the spouses unless the suit is found to be groundless.
If the community property is insufficient to cover the foregoing liabilities, except those falling
under paragraph (9), the spouses shall be solidarily liable for the unpaid balance with their
separate properties.

1. In the system of absolute community, all the properties owned by the spouses at the time
of the marriage become community property. In the conjugal partnership, each spouse
retains his or her property before the marriage, and only the fruits and income of such
properties become part of the conjugal properties during the marriage.
2. In the system of absolute community, what is divided equally between the spouses or
their heirs upon the dissolution and liquidation of the community property is the net
remainder of the properties of the absolute community, so that it may happen that a piece
of land owned by either spouse before the marriage, being the only property left after the
dissolution of the absolute community, would be divided between the spouses or their
heirs. In the conjugal partnership of gains, however, the separate properties of the spouses
are returned upon the dissolution of the partnership, and only the net profits of
partnership are divided equally between the spouses or their heirs.
3. The system of absolute community is based essentially on mutual trust and confidence
between the spouses and fosters oneness and unity between them. This is in fact the
tradition and custom among the great majority of Filipinos and this is the reason why the
Family Code adopts this system instead of the conjugal partnership of gains, which is
taken from Spanish law. In conjugal partnership of gains, the capital or properties of the
spouses are kept separate and distinct from the benefits acquired by them during the
marriage. This constitutes an insurmountable obstacle to the presumption of solidarity
between the spouses.[4]
4. It is easier to liquidate the absolute community property because the net remainder of the
community properties are just divided between the spouses or their heirs. In the conjugal
partnership, the exclusive properties of the parties will have to be identified and returned,
and sometimes, this identification is very difficult. [5]

What is the property regime of unions

without marriage?
Persons and Family Relations
inShare

Article 147

Article 147
Applicability
Presence of legal impediment:
1. Adulterous relationships

1. No legal impediment to marry;

2. Void marriage on the ground of
psychological incapacity.

2. Bigamous/polygamous marriages
3. Incestuous void marriages under Art 37
4. Void marriages by reason of public policy (Art.
38)

Salaries & wages

Separately owned by the parties. If any is married,
his/her
Owned in equal shares
salary pertains to the CPG of the legitimate
marriage.

Property exclusively acquired

Belongs to party upon proof of acquisition
Belongs to such party
through exclusive funds

Property acquired by both through their work or industry

Governed by rules of co-ownership

Owned in common in proportion to their respective

contributions

Presumption
Property acquired while living together
presumed obtained by their
joint efforts, work or industry and owned
by them in equal shares.
If one party did not participate in
acquisition: presumed to have

No presumption of joint acquisition. Actual joint

contribution of money,
property or industry shall be owned by them in
common proportion.
However, their contributions are presumed equal, in
the absence if proof to the

contributed through care and maintenance

contrary
of family and household.

Forfeiture
When only one is in GF, share of party in
BF in the co-ownership be

If one of the parties is validly married to another,

his/her share

forfeited in favor of:

in the co-ownership shall accrue to the ACP or CPG

existing in the marriage.

1. their common children

If the party who acted in BF is not validly married to

2. innocent party in default of / waiver by
another or if both parties
any/all
common children, or by their descendants

are in BF, such share be forfeited in manner

provided in last par of Art. 147

Proof of actual contribution

Not necessary

Necessary