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PROPERTY REGIME OF

PROPERTY REGIME OF
UNIONS WITHOUT
ABSOLUTE COMMUNITY CONJUGAL PROPERTY OF REGIME OF SEPARATION UNIONS WITHOUT MARRIAGE
MARRIAGE (Without any
PROPERTY GAINS OF PROPERTY (With legal impediments)
legal impediment)
Art 148
Art. 147

It shall commence at the precise moment that the marriage is When future spouses When a man and a woman When parties involved are not
celebrated. Any stipulation, express or implied, for the agree in the marriage capacitated to marry each capacitated to marry each other
When will it commencement of the commencement of the community regime settlements that their other, live exclusively with live exclusively together.
commence /When at any other time shall be void. (Art. 88, 107) property relations during each other as husband and
is it applicable? marriage. (Art 143) wife without the benefit of
marriage or under a void
marriage.

No waiver of rights, interests, shares and effects, except in case of


Waiver of Rights
judicial separation of property (Art. 89, 107)

In absence of
Marriage General Rule. Under Civil Code
General rule. Under Family
settlement, which (Established before the Family
Code.
regime shall Code)
govern?

Property acquired by either


The provisions of the
or both of them through
Marriage Settlement; Family Family Code; in case of conflict, Family Code apply
their work or industry and
Governing Rules Code; in case of conflict, rules rules of Co-partnership (Art. suppletorily to the
their wages and salaries are
of Co-ownership. 108) provisions of the marriage
governed by the rules of co-
settlement (Article 143).
ownership.

All the property owned by the 1. Those acquired during the May refer to present or Only properties acquired by
Properties spouses at the time of the marriage with conjugal funds future property or both. It both of the parties through their
constituting the celebration of the marriage or 2. Those obtained from labor, may be total or partial. In actual joint contribution of
property regime acquired thereafter. industry, work or profession of the latter case, property money, property, or industry
either or both spouse not agreed upon as shall be owned by them in

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3. Fruits of conjugal property separate shall pertain to common in proportion to their
due or received during the the absolute community. respective contributions.
marriage and net fruits of
separate property
4. Share in the hidden treasure
5. Those acquired through
occupation.
6. Livestock in excess of what
was brought to the marriage
7. Those acquired by chance.

Property acquired during the All property acquired during the Properties acquired while Their contributions and
marriage is presumed to marriage, whether the they lived together shall be corresponding shares are
belong to the community, acquisition appears to have presumed to have been presumed equal.
unless it is proved that it is been made, contracted or obtained by their joint
one of those excluded registered in the name of one or efforts, work or industry. A
therefrom. both spouses, is presumed to be party who did not participate
To invoke the presumption, conjugal unless the contrary is in the acquisition by the
Presumption, in the property must be shown proved. other party who did not
the absence of to have been acquired during participate in the acquisition
proof to the the marriage. by the other party of any
contrary It is not necessary to prove property shall be deemed to
that the property was acquired have contributed jointly in
by the funds of the the acquisition thereof if the
community. Registered name former's efforts consisted in
generally not indicative, except the care and maintenance of
if you cannot prove that the the family and of the
property was acquired during household.
the marriage.

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1. Property acquired during 1) That which is brought to the To each spouse shall 1. Salaries and wages shall be
the marriage by gratuitous marriage as his or her own; belong all earnings from owned by them in equal
title and its fruits except if its 2) That which each acquires his or her profession, shares;
expressly provided by the during the marriage by business or industry and all
2. Property acquired by
donor, testator or grantor that gratuitous title; fruits, natural, industrial or
either of the parties
they shall form part of the 3) That which is acquired by civil, due to received
exclusively by his or her own
community property right of redemption, by barter or during the marriage from
fund belongs to such party,
2. Property for personal and by exchange with property his or her separate
provided that there is proof
exclusive use of either spouse belonging to only one of the property.
that he or she acquired it by
(jewelry forms part of the ACP) spouses; and
exclusive funds;
3. Property acquired before 4) That which is purchased with
the marriage by one with exclusive money of the wife or All which are agreed in the 3. Property acquired while
legitimate descendants by of the husband. marriage settlement. they live together shall be
former marriage and its fruits presumed to have been
Exclusions from Future or present property
and income obtained by their joint
the property or both.
efforts, work or industry and
regime (Exclusive shall be owned by them in
property of each equal shares. A party who did
spouse) 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

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of the parties after
separation shall be
exclusively owned by the
party who acquired it.

1. Debts and obligations 1. Debts and obligations Both shall bear the family
contracted by either spouse contracted by either spouse expenses in proportionate
without the consent of the without the consent of the other to their income.
other to the extent it benefited to the extent it benefited the
the family. family.

2. Debts and obligations 2. Debts and obligations


contracted during the contracted during the marriage
marriage by designated by designated administrator-
administrator-spouse, both spouse, both spouses, or by one
spouses, or by one with the with the consent of the other.
consent of the other.
Charges upon the 3. Taxes, liens, charges and
Regime 3. Taxes, liens, charges and expenses upon community
expenses upon community property.
property.
4. Support of spouses, their
4. Support of spouses, their common children and legitimate
common children and children of either spouse.
legitimate children of either
5. Expenses of litigation
spouse.
between spouses unless the suit
5. Expenses of litigation is found to be groundless.
between spouses unless the
6. Ante-nuptial debts which
suit is found to be groundless.
redounded to the benefit of the
6. Ante-nuptial debts which

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redounded to the benefit of family.
the family.
7. Taxes and expenses for mere
7. Taxes and expenses for preservation of separate
mere preservation made property
during the marriage upon the
8. Expenses for professional,
separate property of either
vocational or self-improvement
spouse used by the family.
courses of either spouse.
8. Expenses for professional or
9. Value of what is donated or
vocational course.
promised to common legit
9. Other ante-nuptial debts, children for professional,
support of illegitimate child, vocation or self improvement
and liabilities for crime or courses.
quasi-delicts in absence of
10. Other ante-nuptial debts,
separate property
support of illegitimate child, and
10. Donated or promised to liabilities for crime or quasi-
common legitimate children delicts in absence of separate
for profession, vocational property. (Art 121)
course or self improvement.
(Art 94)
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)

Liability if If the community property is insufficient to cover the foregoing


property is not liabilities, except those falling under paragraph (9), the spouses Current market value of
enough for the shall be solidarily liable for the unpaid balance with their separate their separate properties
charges 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


Payment of personal debts contracted by
personal either spouse before the
obligations marriage, that of fines and
indemnities imposed upon
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

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above-mentioned.

Losses/Winnings Losses shall be borne by the loser and shall not be charged to the
in any game of community but any winnings there from shall form part of the
chance, betting, community property. (Art 117, 123)
sweepstakes, or
any other kind of
gambling
(permitted or not)

Both spouses jointly enjoy the administration and enjoyment of Each spouse shall own,
the community property/ conjugal partnership. In case of dispose of, posses,
Administration disagreement, however, the husband’s decision shall prevail, administer and enjoy his or
subject to recourse to the court by the wife for proper remedy, her separate estate,
which must be availed of within five years from the date of the without need of the
contract implementing such decision. In the event that one

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spouse is incapacitated or otherwise unable to participate in the consent of the other.
administration of the common properties, the other spouse may
assume sole powers of 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 property Neither party can encumber
without the consent of the other. Consent is not needed when or disose by acts inver vivos
donations are moderate and in favor of charity or on occasions of of his or her share in the
Consent in family rejoicing or family distress. (Art 98) property 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)

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

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


Requirements in 3rd persons in good faith. Extrajudicial Partition. Such
Dissolution agreement is perfectly legal
and is a valid way of dividing

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up their properties. (Art 496)

1. Inventory of all properties 1. Inventory of all property

2. Payments of Debts and 2. Amounts advanced by the


obligation of ACP conjugal partnership in
payment of personal debts of
3. Remains at the separate
either spouse
properties of the spouses are
returned to the owner. 3. Reimbursement for use of
exclusive funds of either
4. Net remainder of ACP is
spouses
divided equally.
Procedure of 4. Payments of obligations to
Dissolution / 5. Delivery of presumptive
third parties
Liquidation legitimes. (Art 102)
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 1) Same proceeding for


settlement of estate; or settlement of estate; or
Dissolution upon
2) Judicially or extra-judicially 2) Judicially or extra-judicially
death of a spouse
within one year from the death within six months from the
of spouse death of spouse

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Rule if there is
subsequent
A mandatory regime of complete separation of property shall
marriage without
govern the property relations of the subsequent marriage.
the 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
Rules on donate any community
Disposition of property without the consent
properties of the 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
spouses separate (2) When the consent of one spouse to any transaction of the
in fact other is required by law, judicial authorization shall be 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
Procedures in case administrator of the absolute community, subject to such
of abandonment precautionary conditions as the court may impose.

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

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presumed to have no intention of returning to the conjugal
dwelling.
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
Procedures in case community property either judicially or extra-judicially within six
of death of a months from the death of the deceased spouse.
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 parties If one party is validly married
is in good faith, the share of to another:
the party in bad faith shall be
- His or her share in the
forfeited:
co-owned properties
1. In favor of their common will accrue to the
children ACP/CPG of his/her
existing valid marriage
2. In case of default of or
Forfeiture in case
waiver by any or all of the If the party who acted in bad
one party is in bad
common children or their faith is not validly married to
faith
descendants, each vacant another, his/her share shall be
share shall belong to the forfeited in the same manner
respective surviving as that provided in Art 147.
descendants

3. In the absence of such


The same rules on forfeiture
descendants, such share
shall apply if both parties are in
belongs to the innocent party
bad faith.

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