Go, Marie Michelle

2003-20543

UNDER THE CIVIL CODE

(For marriages consummated prior to August 31, 1998)

 DEFAULT REGIME: CONJUGAL PARTNERSHIP OF GAINS

Prior During Marriage

Property acquired
DURING Marriage
Date of SEPARATE
Marriage Property acquired
by spouses PRIOR INCLUDED IN CPG EXCLUSIVE PROPERTY
To Marriage,
SEPARATE brought to the 1. Property ACQUIRED BY ONEROUS 1. Property ACQUIRED
Property marriage remains TITLE DURING THE MARRIAGE at DURING THE
acquired by as his own the expense of the COMMON FUND, MARRIAGE, BY
BROUGHT TO EXCEPT the whether the acquisition be for the LUCRATIVE TITLE;
THE FRUITS thereof partnership, or for only one of the
MARRIAGE spouses; 2. Property ACQUIRED BY
BY EITHER RIGHT OF
SPOUSE AS 2. Property obtained by the INDUSTRY, REDEMPTION OR BY
HIS OR HER Remains OR WORK, OR AS SALARY of the EXCHANGE WITH
OWN EXCLUSIVE spouses, or of either of them; OTHER PROPERTY
Property of BELONGING TO ONLY
spouses 3. FRUITS, RENTS OR INTERESTS ONE OF THE SPOUSES;
RECEIVED OR DUE DURING THE
MARRIAGE, coming from the 3. Property PURCHASED
COMMON PROPERTY or from the WITH EXCLUSIVE
EXCLUSIVE EXCLUSIVE PROPERTY of each MONEY OF THE WIFE
Property of spouses spouse; OR OF THE HUSBAND

4. FRUITS, PENSIONS AND 4. Property DONATED OR

INTERESTS due during the marriage LEFT BY WILL TO THE
from the right to an annuity, whether SPOUSES, JOINTLY
perpetual or of life, and the right of AND WITH
usufruct, belonging to one of the DESIGNATION OF
spouses; DETERMINATE
SHARES (shall pertain to
5. SHARE OF THE HIDDEN the husband and wife in
TREASURE which the law awards to the proportion specified by
the finder or the proprietor; the donor or testator, and
in the absence of
6. Things ACQUIRED BY designation, share and
OCCUPATION, such as fishing and share alike)
hunting
5. Sums which may be
7. IMPROVEMENTS, whether for utility COLLECTED BY
or adornment, made on the separate INSTALLMENTS
property of the spouses through DURING THE
advancements from the partnership or MARRIAGE, due for an
through the industry of either the AMOUNT OR CREDIT
husband or the wife; PAYABLE in a certain
number of years TO ONE
8. BUILDINGS CONSTRUCTED, at the OF THE SPOUSES.
expense of the partnership, during the
marriage on land belonging to one of 6. The right to an annuity,
the spouses but the value of the land whether perpetual or of
shall be reimbursed to the spouse who life, and the right of
owns the same. usufruct, belonging to one
of the spouses
  REGIME: ABSOLUTE COMMUNITY OF PROPERTY (ACP)
Upon agreement of the parties

Prior During Marriage

Date of Marriage Property acquired DURING

Property owned by Marriage (Future Property) + all the
spouses PRIOR To FRUITS AND INCOME of the
Marriage (Present classes of property excluded from the
Property) community e.g. those acquired by
gratuitous title, inherited property, etc.

ALL included in ACP

EXCEPTIONS: PROPERTY WHICH REMAINS EXCLUSIVE

(1) PROPERTY ACQUIRED BY GRATUITOUS TITLE by

either spouse, UNLESS it is EXPRESSLY provided by the donor or
testator that it shall become a part of the community;

(2) PROPERTY INHERITED by either husband or wife through

the DEATH OF A CHILD BY A FORMER MARRIAGE, there
being brothers or sisters of the full blood of the deceased child;

(3) A PORTION OF THE PROPERTY of either spouse equivalent

to the PRESUMPTIVE LEGITIME OF THE CHILDREN BY A
FORMER MARRIAGE;

(4) PERSONAL BELONGINGS of either spouse, EXCEPT

JEWELRY.
 UNDER THE FAMILY CODE
(For marriages consummated on or after August 31, 1998)

 DEFAULT REGIME: ABSOLUTE COMMUNITY OF PROPERTY (ACP)

Prior During Marriage

Property owned by spouses Property acquired DURING

PRIOR To Marriage Marriage
Date of Marriage

ALL included in ACP EXCEPT:

(1) Property acquired DURING MARRIAGE by GRATUITOUS TITLE

+ FRUITS and INCOME of that property
 UNLESS testator provides that these shall form part of ACP

(2) Property for PERSONAL AND EXCLUSIVE USE of either spouse.

 EXCEPT: jewelry shall form part of the community property

(3) Property acquired BEFORE THE MARRIAGE by either spouse who

has legitimate descendants by a former marriage + the FRUITS
AND INCOME, if any, of such property.

Source: Art. 91 and 92, Family Code

PROPERTY INCLUDED IN ACP PROPERTY EXCLUDED FROM ACP

Art. 91 Art. 92

(1) ALLPROPERTIES properties of the (1) Property acquired DURING MARRIAGE by

spouses ACQUIRED PRIOR AND GRATUITOUS TITLE + FRUITS and
DURING THE MARRIAGE INCOME of that property
 UNLESS testator provides that these
(2) Including inheritance shall form part of ACP

(2) Property for PERSONAL AND EXCLUSIVE

Art. 93 USE of either spouse.
Property acquired during the marriage is presumed  EXCEPT: jewelry shall form part of
to belong to the community. the community property

(3) Property acquired BEFORE THE

MARRIAGE by either spouse who has
legitimate descendants by a former marriage
+ the FRUITS AND INCOME, if any, of such
property.
  REGIME: CONJUGAL PARTNERSHIP OF GAINS (CPG)

Prior During Marriage

Property acquired DURING

Date of SEPARATE
Marriage
Marriage Property acquired
by spouses
PRIOR To
SEPARATE INCLUDED IN CPG EXCLUSIVE PROPERTY
Marriage, brought
Property
to the marriage as (1) Property ACQUIRED
acquired by (1) Property acquired by ONEROUS
his own TITLE DURING THE DURING THE
spouses
DOES NOT MARRIAGE at the EXPENSE MARRIAGE BY
PRIOR To
INCLUDE OF THE COMMON FUND GRATUITOUS TITLE;
Marriage +
FRUITS
Fruits (1) INCOME from the LABOR, (2) Property ACQUIRED BY
INDUSTRY, WORK OR RIGHT OF
PROFESSION OF EITHER REDEMPTION, BY
OR BOTH OF THE SPOUSES; BARTER OR BY
Remains EXCHANGE WITH
EXCLUSIVE (2) The FRUITS, NATURAL, PROPERTY BELONGING
INDUSTRIAL, OR CIVIL, TO ONLY ONE OF THE
Property of DUE OR RECEIVED SPOUSES; and
EXCLUSIVE spouses DURING THE MARRIAGE
Property of FROM THE COMMON (4) Property PURCHASED
spouses PROPERTY WITH EXCLUSIVE
MONEY of the wife or of
(3) NET FRUITS FROM THE the husband.
EXCLUSIVE PROPERTY of
each spouse; (5) RETIREMENT
BENEFITS, PENSIONS,
(4) SHARE OF EITHER SPOUSE ANNUITIES,
IN THE HIDDEN TREASURE GRATUITIES,
USUFRUCTS AND
(5) INCOME through SIMILAR BENEFITS shall
OCCUPATION SUCH AS be governed by the rules on
FISHING OR HUNTING; gratuitous or onerous
acquisitions as may be
(6) LIVESTOCK existing upon the proper in each case.
dissolution of the partnership IN
EXCESS OF THE NUMBER
(6) PRINCIPAL OF CREDITS
OF EACH KIND BROUGHT
payable in installments,
TO THE MARRIAGE by either
received during marriage
spouse; and

(7) Those which are ACQUIRED (7) PROPERTY BOUGHT ON

BY CHANCE, SUCH AS INSTALLMENT by
WINNINGS FROM commingling of funds, where
GAMBLING OR BETTING. ownership is VESTED
However, losses therefrom shall BEFORE the marriage.
be borne exclusively by the
loser-spouse.
 PROPERTY INCLUDED IN CPG EXCLUSIVE PROPERTY OF SPOUSES

Art. 108 Art. 109

(1) Property acquired by ONEROUS TITLE DURING THE (1) Property BROUGHT TO THE
MARRIAGE at the EXPENSE OF THE COMMON FUND MARRIAGE AS HIS OR HER OWN;
 Whether the acquisition be for the partnership, or for only
one of the spouses; (2) Property ACQUIRED DURING THE
MARRIAGE BY GRATUITOUS TITLE;
(2) INCOME from the LABOR, INDUSTRY, WORK OR
PROFESSION OF EITHER OR BOTH OF THE SPOUSES; (3) Property ACQUIRED BY RIGHT OF
REDEMPTION, BY BARTER OR BY
(3) The FRUITS, NATURAL, INDUSTRIAL, OR CIVIL, DUE EXCHANGE WITH PROPERTY
OR RECEIVED DURING THE MARRIAGE FROM THE BELONGING TO ONLY ONE OF THE
COMMON PROPERTY SPOUSES; and

(4) NET FRUITS FROM THE EXCLUSIVE PROPERTY of each (4) Property PURCHASED WITH
spouse; EXCLUSIVE MONEY of the wife or of
the husband.
(5) SHARE OF EITHER SPOUSE IN THE HIDDEN
TREASURE (5) RETIREMENT BENEFITS, PENSIONS,
ANNUITIES, GRATUITIES,
(6) INCOME through OCCUPATION SUCH AS FISHING OR USUFRUCTS AND SIMILAR BENEFITS
HUNTING; shall be governed by the rules on gratuitous
or onerous acquisitions as may be proper in
(7) LIVESTOCK existing upon the dissolution of the partnership each case.
IN EXCESS OF THE NUMBER OF EACH KIND BROUGHT
TO THE MARRIAGE by either spouse; and

(8) Those which are ACQUIRED BY CHANCE, SUCH AS

WINNINGS FROM GAMBLING OR BETTING. However,
losses therefrom shall be borne exclusively by the loser-spouse.

Art. 118 Art. 118

Property Bought on Installment Property Bought on Installment

Paid partly from EXCLUSIVE FUNDS and partly from CONJUGAL Paid partly from EXCLUSIVE FUNDS and
FUNDS partly from CONJUGAL FUNDS

 Belongs to CPG: IF OWNERSHIP was VESTED DURING  Belongs to BUYER: IF OWNERSHIP was
MARRIAGE VESTED before the marriage

 Any amount advanced by either spouse shall be REIMBURSED  Any amount advanced by the partnership
upon liquidation of the partnership or by either spouse shall be
REIMBURSED upon liquidation of the
partnership
Art. 119 Art. 119

Debts Payable by Installment Debts Payable by Installment

 Amount or credit payable within a period of time belonging to  Amount or credit payable within a period
one of the spouses: of time belonging to one of the spouses:
o INTERESTS due on the capital: CPG o PRINCIPAL: belongs to
Exclusive property
 REGIME: SEPARATION OF PROPERTY

 May be separation of present or future property or both

Property owned by spouses Property acquired DURING

PRIOR To Marriage Marriage
Date of Marriage

Exclusive/Separate Property of
the Spouses Earnings from his or her Property not agreed upon
profession, business or as separate shall pertain
industry and all fruits to the ACP.
received during the
marriage from his or her
SEPARATE PROPERTY

Exclusive/Separate Property of
the Spouses