Marriage

Regimes
ON OR AFTER AUGUST 3, 1988 ACP
BEFORE AUGUST 3, 1988 CPG
Conjugal Partnership of Gains
• when property is acquired before the husband got
married, the property shall be exclusively his;
• when property is acquired before the wife got
married, the property will be exclusively hers;
• marriage joins exclusive properties 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;
Conjugal Partnership of Gains
• in the event the husband and wife file for divorce,
annulment or legal separation, the husband's exclusive
property, acquired before the marriage and all its fruits
shall not be included in the conjugal property and will
be exclusively owned by him; the same theory applies
to the exclusive property of the wife;
• when the spouses filed for separation of properties in
court, the properties that the husband and the wife
acquired during their marriage will be considered part
of their conjugal property and this will be split in half
between the wife and the husband.
Conjugal Partnership of Gains
The following are conjugal partnership properties:
• Those acquired by onerous title during the marriage at the expense of the
common fund, whether the acquisition be for the partnership, or for only one of
the spouses;
• Those obtained from the labor, industry, work or profession of either or both of
the spouses;
• The fruits, natural, industrial, or civil, due or received during the marriage from
the common property, as well as the net fruits from the exclusive property of
each spouse;
• The share of either spouse in the hidden treasure which the law awards to the
finder or owner of the property where the treasure is found;
• Those acquired through occupation such as fishing or hunting;
• Livestock existing upon the dissolution of the partnership in excess of the
number of each kind brought to the marriage by either spouse; and
• Those which are acquired by chance, such as winnings from gambling or betting.
However, losses therefrom shall be borne exclusively by the loser-spouse.
Absolute Community of Property
• when all properties are acquired by the spouses
before their marriage and all properties acquired
during their marriage, it will be considered as part
of one whole estate of the absolute community of
property, which is owned by both parties;
• when all properties are inherited, donated or given
gratuitously to either of the spouse before their
marriage shall be considered as part of the
absolute community of property upon marriage,
and shall be owned by both parties;
Absolute Community of Property
• in the event of divorce, annulment or legal
separation, the regime of absolute community of
property shall not be affected and will remain
owned by both spouses, unless the spouses have
filed for judicial separate of properties;
• in case the spouses filed Judicial Separation of
Properties, the properties within the Absolute
Community of Properties shall be split between the
husband and the wife.
Absolute Community of Property
The following shall be excluded from the community property,
meaning they are exclusive properties
• (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
community property;
• (2) Property for personal and exclusive use of either spouse.
However, 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, and
the fruits as well as the income, if any, of such property.
(201a)