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Conjugal Partnership of Gains and Absolute Community of Property

Meaning
Conjugal Partnership of gains, in case the future spouses agree in the marriage settlements that the regime
of conjugal partnership of gains shall govern their property relations during marriage, there are provisions in the
Family Code that shall apply. Under the regime of conjugal partnership of gains, the husband and wife place in a
common fund the proceeds, products, fruits and income from their separate property and those acquired by either
or both spouses through efforts or by a chance While in the Absolute Community of Property, unless otherwise
provided in the Family Code or in the marriage settlements, the communal property shall consists of all the property
owned by the spouses at the time of the celebration of the marriage or acquired thereafter. Property acquired during
the marriage is presumed to belong to the community, unless it is provided that it is one of those excluded therefrom.
Gross Estate
In conjugal partnership of gains, the gross estate of married decent under the system of conjugal partnership of
gains during the marriage shall be composed of the following: (1) Exclusive property of the decent; and (2) conjugal
property. And on the other hand, the absolute community, the gross estate consist of (1) Exclusive property of the
decent; and (2) Absolute community (communal) property.
Exclusive Property of Each Spouse
Conjugal Partnership of Gains
The following shall be exclusive property of spouse:
1. That which is brought to the marriage as his or her own;
2. That which is acquired during the marriage by gratuitous tittle;
3. That which is acquired by right of redemption, by barter or by exchange with property belonging to the
only one of the spouses; and
4. That which is purchased with the exclusive money of the wife or of the husband.
Absolute Community of Property
The following shall be exclusive property of spouse:
1. Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the
income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form
part of the communal property.
2. Property for personal and exclusive use of either spouse; however, jewelry shall form apart of communal
property; and
3. Property 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
Deductions
Deductions from Gross Estate
Conjugal Partnership of Gains and Absolute Community of Property
1. Expenses, losses, Indebtedness, and Taxes
2. Property Previously taxed or Vanishing Deductions
3. Transfer of Public Use
4. Family Home. (Must part of the Conjugal Partnership of Property)
5. Standard Deduction
6. Medical Expenses
7. Amount Received by heirs under Republic Act 4917
8. One half net share of the surviving spouse in conjugal partnership of property.
Special Deduction
In conjugal partnership of gains, the following presentations of Family Home (FH), Standard Deduction
(SD) and Medical expenses (ME) as deductions from gross estate are consistent with Rev. Regs. 2-2003. The
regulations classify deductions into two, ordinary and special. While in absolute community, the Family Home
(FH) and Standard Deduction (SD) as deductions from gross estate are consistent with Rev. Regs. 2-2003. The
regulations classify deductions into two, ordinary and special.