PROPERTY RELATION

CHEN, YAHSIN
JAVIER, JEREMAINE
MACASINAG, DARREN
Art. 1 Family Code
Marriage is a special contract permanent union
between a man and a woman in accordance with
law. It is not subject to stipulation, except that
marriage settlements may fix the property relations
during the marriage within the limits provided by
law.
Property Relations

The system of property is applicable only to

married persons.

It is use to distinguish a conjugal or community

property from exclusive property.
Under Art. 74 of new family code
The property relationship between husband and
wife shall be governed in the following order:

1. By marriage settlements executed before

marriage
2. By the provision of law
3. By the local custom
Art. 75 of New Family Code
Types of Property Relations:

1. Absolute Community of Property (ACoP)

2. Conjugal Partnership of Gains (CPG)
3. Complete Separation of Property
4. Any other regime
 DATE OF MARRIAGE PROPERTY RELATIONSHIP

BEFORE AUGUST 3, 1988 CONJUGAL PARTNERSHIP OF GAINS

ON OR AFTER AUGUST 3, 1988 ABSOLUTE COMMUNITY OF

PROPERTY
If decedent was married with surviving spouse,
property in the gross estate need to be classified
into conjugal or exclusive property to facilitate the
computation of the ½ share of surviving spouse on
the net conjugal property as well as the net taxable
estate of married decedent.

The exclusive property of the husband is known as

“capital” while that of that of the wife is known as
“paraphernal” property.
Law Governing Property Relations
The provisions of New Family Code (E.O no. 209)
shall govern the property relation between
husband and wife whose marriage was celebrated
on or after its effectivity (August 3, 1988).

The provisions of the civil code shall govern the

property relations of husband and wife whose
marriage was celebrated before August 3, 1988.
ABSOLUTE COMMUNITY
OF PROPERTY
Most common regime in Philippine marital
property relations.

General Rule: the provision on co-ownership shall

apply to the absolute community of property
between the spouses.
 Property acquired before marriage
(community property):

Property owned by the spouses before or upon

the celebration of marriage and brought into
marriage become part of the community property.

Property inherited or received donation before the

marriage.
Property acquired during marriage (Either
Community or Exclusive Property):

Property acquired during marriage will be

presumed to belong to the community

Property acquired during marriage by onerous

title from a common fund or from income of
either of them is community property.
Community Property under ACoP
1. Family Home
2. Proceeds of life insurance (if included in the gross
estate)
 Exclusive property
 Conjugal property
3. Claim against insolvent person is either exclusive
or conjugal property
 Exclusive Property under ACoP
1. Property acquired during marriage by gratuitous
title by either spouse and the fruits as well as the
income thereof, if any, unless the donor, testator,
or grantor expressly provided that it be part of
community.
2. Property of personal and exclusive use of either
spouse.
3. property acquired during marriage by purchase
with exclusive money or by exchange with
exclusive property, shall be considered exclusive
property.
 CONJUGAL
PARTNERSHIP OF GAINS
One of the property relations between the
spouses, under which the husband and wife 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 and upon dissolution of
marriage.
 Exclusive Property under CPG:
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 or
by exchange with property belonging to only one
of the spouses.
4. That which is purchased with the exclusive
money of wife or of husband.
 Conjugal Property CPG:
1. That which is acquired by onerous title during the
marriage at the expense of common fund.
2. That which is obtained by labor, industry, or work or
profession of either or both of the spouses.
3. The fruits received or due during the marriage
coming from common property or from the exclusive
property of each spouse.
4. The share in hidden treasure discovered during
marriage which the law awards to the spouses or
either of them as finder or proprietor.
5. Property acquired by occupation such as hunting
or fishing by spouses or by either of them.
6. Improvements on separate property of spouses at
the expense of the partnership or through the
industry of the spouses or either of them.
Family home
Proceeds of life insurance policy
Claims against insolvent person
Conjugal and Exclusive Deductions

Whether under CPG or ACP, the following

expenses are conjugal deductions:

 Funeral expenses
 Judicial expenses
 Other Conjugal Deductions
1. The support of spouses, their common children,
legitimate children of their spouse
2. All debts and obligations contracted during
marriage by the designated administrator
3. Debts and obligation contracted by either spouse
without consent of other to the extent that the
family may have benefited
4.All taxes, liens, charges, and expenses including
major and minor repairs upon conjugal property.
5. All taxes and expenses for mere preservation,
made during the marriage, upon the separate
property of either spouse
6. Expenses to enable either spouse to commence or
complete a professional, vocational, or other
activity of self-improvement
7. Debt before marriage of either spouse in so far as
they have redounded to the benefit of the family
8. Expenses of litigation between spouses, unles the
suit is found to be groundless.
 COMPLETE SEPARATION OF
PROPERTY AND PROPERTY REGIME
OF UNION WITHOUT MARRIAGE
Complete Separation of Property
If future spouses agree in the marriage settlements
that their property relations during marriage shall
be governed by the regime of separation property.

Both spouse shall bear the family expenses in

proportion to their income, or in case insufficiency
or default thereof, to the current market value of
their separate properties.
 Property Regime of Unions without
Marriage
CAPACITATED TO MARRY
1. Wages and salaries shall be owned by them in equal
shares.
2. property acquired by both of them through their work
or industry shall be governed by the rules on co-
ownership.
3. neither party can dispose by act inter-vivos his or her
share in the property acquired during obligation and
owned in common, without the consent of the other,
until after the termination of their cohabitation.
INCAPACITATED TO MARRY
1. only property acquired by both of them through
their actual joint contribution of money, property,
or industry shall be owned in common in
proportion to their respective contributions.

2. the share of any party who is married to another

shall accrue to the absolute community or conjugal
partnership, as the case may be, if existing under
the valid marriage.