Absolute Community Property

Conjugal Partnership of Gains

- Default regime if there is no marriage settlement

- Consist of all the property owned by the spouses
at the time of the celebration of the marriage or
acquired thereafter
o Any winnings from any game of chance shall
form part of the ACP (Art. 95)

- Default regime before August 3, 1988 (before

the effectivity of Family Code) of the Family Code

Exception: If previous marriage is terminated by

death and there is no liquidation of the property
regime of the previous marriage the subsequent
marriage shall be governed by Complete
Separation Of Property

- Spouses shall 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
- All property acquired during the marriage is
presumed to be conjugal; Regardless that is made,
contracted or registered in the name of one or both
spouses

Exclusions:
- Separate property to remain separate, they
must subsist and be maintained as such. If the
owner sells, barter or exchange the property
he/she parts with the property, and the
proceeds coming from the sale is not
excluded in the ACP

- Net gains or benefits in the CPG shall be divided

equally by both spouses

3. Property for Personal and Exclusive

Use (Except: Jewelry)
Req:
a) Brought inside the marriage
or were acquired during the
marriage
b) Must be interpreted in terms
of value

1. Brought to the marriage as his or her

own
2. Gratuitous title acquired during the
marriage (However the fruits and
income shall be considered conjugal)

- Spouses retain the ownership, possession and

administration and enjoyment in their exclusice
properties

- Payment of Personal Debts shall not be charged

to the CPG , but incase of absence or insufficiency
1. Marriage Settlement
2. Property acquired by Gratuitous Title of Exclusive Property shall be paid out of the CPG
but subject to indemnification upon liquidation
as well as the fruits and income
(Except: Expressly Provided by
Donor, Testator or Grantor)
Exclusions:

4. Property Acquired before the

marriage
who
has
legitimate
descendants by former marriage.

Including:
- Retirement benefits
- Usufructs
- Pensions
-Annuities
-Similar Benefits
3. Acquired by right of redemption, by
barter or by exchange with property
belonging to only one spouse
4. Purchased with the exclusive money of
the wife and the husband

Charges upon the Absolute Community:

( In case of Insufficiency the spouses shall be
solidary liable with their separate properties
except in No.10)

1. Support :
- Spouses
- Common Children
- Legitimate Children of Either
Spouse
2. All Debts and Obligation contracted during
the marriage by:
- Designated Administrator Spouse
for the benefit of the community
(There must be a proof to show that it
redounded to benefit of the family)
- Both Spouses
- One spouse with the Consent of
the other (Consent may be express
or Implied)

3. Debts and Obligations contracted by
either spouse w/o consent of the other to
the extent that the family may have been
benefited

4. All, upon the community property: (TLCE)

Charges upon the Conjugal Partnership

of Gains:
(In case of Insufficiency the spouses shall
be solidary liable with their separate
properties)

1. Support :
- Spouses
- Common Children
- Legitimate Children of Either
Spouse
2. All Debts and Obligation contracted
during the marriage by:
- Designated Administrator Spouse
for the benefit of the community
(There must be a proof to show that
it redounded to benefit of the
family)
- Both Spouses
- One spouse with the Consent of
the other (Consent may be
express or Implied)

3. Debts and Obligations contracted by
either spouse w/o consent of the other to
the extent that the family may have
been benefited

4. All, upon the community property:
(TLCE)

-Taxes
-Liens

-Charges
-Taxes
-Expenses including major and
-Liens
minor repairs
-Charges

-Expenses including major and
5. All taxes and expenses for the
minor repairs
preservation of the separate property used

by the family
5. All taxes and expenses for the

preservation of the separate property
6. Expenses to enable either spouse to
used by the family
commence or complete a professional or

vocational course, or other activity for self-
6. Expenses to enable either spouse to
improvement
commence or complete a professional or
vocational course, or other activity for
7. Ante-nuptial debts insofar as it redounded
self-improvement
to the benefit of the family

7. Ante-nuptial debts insofar as it
redounded to the benefit of the family

8. The value of what is donated by the
spouses for the commencement or
completing professional or vocational
course or other activity for self-
improvement

8. The value of what is donated by the

spouses for the commencement or
completing professional or vocational
course or other activity for self-
improvement

( Must be by both spouses, otherwise it will

fall under the prohibition of donations
under Art 87)

9. Expenses of litigation

Requisite:
a) The suit is between husband and
wife
b) The suit is not groundless

( Must be by both spouses, otherwise it

will fall under the prohibition of
donations under Art 87)

9. Expenses of litigation

Requisite:
c) The suit is between husband and
wife
d) The suit is not groundless

10. In case of insufficiency of the exclusive
property of the debtor-spouse, the
payment shall be considered as
advances to be deducted upon
liquidation of the community property:

a) Antenuptial Debts of either spouse that did
not redound to the benefit of the family
b) Support of Illegitimate Children of either
spouse
c) Liabilities incurred by reason of crime and
quasi-delict
Ownership, Administration, Enjoyment
and Disposition of the ACP

1. Shall be enjoyed and administrated by both
spouses.

o In case of disagreement the husbands
decision will prevail, subject to the
recourse of the wife in the court for a
proper remedy.
Prescriptive period: within 5 years from the
date of contract implementing such decision

o May be validly delegated to only one
spouse in a marriage settlement

o Do not require that the husband and wife
always act together

Inclusions in the CPG

1. Acquired by onerous title during the
marriage at the expense of the
common fund
2. Obtained through labor, work,
profession and industry of either or
both spouses
3. Fruits, Natural, Industrial, Civil due or
received during the marriage from
the common property and the Net
fruits of their exclusive property
4. Share of the hidden treasure to which
the law awards to the finder or owner
of the property
5. Acquired through occupation of
hunting and fishing
6. Livestock
existing
upon
the
dissolution of the partnership in
excess of the number of each kind
brought to the marriage
7. Acquired by chance, winning from
gambling or betting

(Losses shall be borne by the exclusively by the
loser-spouse)

o Any disposition by one spouse of the said
properties without the knowledge and
consent of the other is null and void
o May dispose by will his/her interest
Exception: Encroachment of legitimes
o Neither spouse can donate w/o the
consent of the other
Exception: Moderate Donations for charity
or occasions of family rejoicing

2. If one of the spouses is incapacitated or

unable to participate in the administration
the following rules shall apply:

a) The other spouse may assume sole

power of administration
- Summary Proceeding (if it involves
abandonment, separated or absent)
- Judicial Guardianship
(if Incompetent. i.e comatose,stroke)

b) Except the powers of; (However,
transaction shall be construed as
continuing offer, and may be
perfected as a binding contract upon
the consent of the other spouse or
authority of the court)

- Disposition
-Encumbrance

Exception to the exception:

-Authority of the Court
-Written Consent

Dissolution of ACP


i. Death of either spouse
ii. Decree of Legal Separation
iii. Annulment Decree or Declaration
of Nullity
iv.
Judicial Declaration of Separate
Property

Rules on Conditional Contract of Sale:

(paid partly by the exclusive and the
CPG)

- If ownership is vested before the
marriage it belongs; to the buyer

- If ownership vested during the
marriage; to the CPG

Rules on Credits belonging to one
spouse

- Whatever may be collected shall be the
exclusive property of the spouse

Except : Interest in such debt shall
belong to the CPG

Ownership,
Administration,
Enjoyment and Disposition of the ACP

1. Shall be enjoyed and administrated by
both spouses.

o In case of disagreement the husbands
decision will prevail, subject to the
recourse of the wife in the court for a
proper remedy.
Prescriptive period: within 5 years from the
date of contract implementing such decision

o May dispose by will his/her interest
Exception: Encroachment of legitimes

o Neither spouse can donate w/o the

consent of the other
Exception: Moderate Donations for
charity or occasions of family rejoicing

Dissolution of ACP
i. Death of either spouse
ii. Decree of Legal Separation
iii. Annulment Decree or Declaration
of Nullity
iv.
Judicial Declaration of Separate
Property

Effects of Separation in Fact

Effects of Separation in Fact

General Rule: It will not affect the

property regime

General Rule: It will not affect the

property regime

Exception:
a) No support for the spouse who leaves
the conjugal home without just cause
b) When the consent of one spouse in a
transaction is required by law; judicial
authorization may be obtained in a
summary proceeding
c) In case of absence or insufficiency of
ACP, separate property of both
spouses shall be solidary liable for the
support of the family

Exception:
d) No support for the spouse who leaves
the conjugal home without just cause
e) When the consent of one spouse in a
transaction is required by law;
judicial authorization may be
obtained in a summary proceeding
f) In case of absence or insufficiency of
ACP, separate property of both
spouses shall be solidary liable for
the support of the family

( The spouse present, upon proper

petition in a summary proceeding be
given judicial authority to administer
or encumber any separate property of
the other spouse)

( The spouse present, upon proper

petition in a summary proceeding be
given judicial authority to administer
or encumber any separate property of
the other spouse)

Remedy for Abandonment without Just

Cause (left the conjugal dwelling w/o
intention of returning) or Failure to comply
with Obligations (Marital, Parental and
Property Relations) in ACP; The aggrieved
spouse may petition to the court for:

a) Receivership
b) Judicial Separation of Property
c) Authority to be the sole administrator
of the ACP

Remedy for Abandonment without Just

Cause (left the conjugal dwelling w/o
intention of returning) or Failure to
comply with Obligations (Marital, Parental
and Property Relations) in ACP; The
aggrieved spouse may petition to the
court for:
d) Receivership
e) Judicial Separation of Property
f) Authority
to
be
the
sole
administrator of the ACP

(No intention of returning: left the conjugal

dwelling for 3 months or failed to give (No intention of returning: left the conjugal
whereabouts)
dwelling for 3 months or failed to give
whereabouts)

Liquidation of ACP assets and liabilities

1. Inventory; List of all the properties of the

ACP and Exclusive properties of each spouse
2. Debts and Obligations in ACP shall be paid
out of its assets. In case of insufficiency the
separate property of both spouse shall be
solidarily liable for the unpaid balance

Liquidation of CPG assets and liabilities

1. Inventory; List of all the properties of the

ACP and Exclusive properties of each
spouse
2. Advances in the CPG for payment of debts
and obligation shall be credited to the CPG

3. Remains in the exclusive property shall be

delivered to the spouses
4. Net assets shall be divided between the
spouses equally
Except:
- Different proportion agreed upon in
marriage settlement
- Waiver
(In cases of forfeiture due to bad faith net profits
shall be the increase in value between market value
of the community property at the time of the
celebration of marriage and the time of dissolution)
5. Delivery of the Presumptive Legitimes
(Presumed Inheritance) of the Common
Children
6. Conjugal Dwelling shall be adjudicated to the
spouse where the majority of the children
choose to remain. In case no majority the
court shall decide.
In the absence of agreement in the partition
of properties this rule shall apply.

3. Reimbursement for the use of his or her

exclusive funds in the acquisition of property
or for the value of his or her exclusive
property, the ownership of which has been
vested by law
4. Debts and Obligations shall be paid out of
conjugal assets; In case of insufficiency the
exclusive property of both spouses shall be
solidary liable
5. Delivery of whatever
Conjugal Partenership

remains

in

the

6. Loss or deterioration of the movables used

by the family belonging to either spouse,
even due o fortuitous even shall be paid out
of conjugal funds
Except : The owner has been indemnified
from whatever source
7. Net remainder shall constitute the profits and
shall be divided equally between spouses
Except: Different proportion or division
agreed in marriage settlement
8. Conjugal Dwelling shall be adjudicated to
the spouse where the majority of the children
choose to remain. In case no majority the
court shall decide.
In the absence of agreement in the partition
of properties this rule shall apply.

Judicial Separation of Property

Property Regime of Unions Without Marriage

- Judicial Separation of Property may be voluntary or Special Co-Ownership (Art. 147)

for sufficient causes
Requisites:
Sufficient Causes for Judicial Separation
1. Man and Woman are Capacitated to
Marry each other
Spouse of the Petitioner:
2. Live exclusive as husband and wife
3. Without the benefit of marriage or under
1. Sentenced to a penalty which carries with it civil
a void marriage
interdiction
2. Loss of Parental authority
Rules
3. Judicial Declaration of Absence
4. Abandonment and Failure to comply
1. Wages and salaries shall be owned by
Obligations
them in equal
5. Abuse of the granted powers of Administration
2.
In absence of proof; Presumption of
6. Spouses are separated in fact and reconciliation
equal share applies
is highly improbable
3. A party who did not participate is deemed
to have contributed jointly if the efforts
Revival of Property Regime
consisted in the care and maintenance of
the family and the household
1. Civil Interdiction terminates
4.
Neither can encumber his or her share in
2. Parental Authority is restored
the property acquired during cohabitation
3. Absentee spouse reappears
and owned in common w/o consent of the
4. Court is satisfied that the other spouse will not
other until after the termination of their
abuse the powers of administration
cohabitation
5. Spouses separated in fact shall reconcile and
5.
Party in bad faiths share shall be
resume common life
forfeited in favor of common children.
6. Spouse who left conjugal home resumes
In case of default or waiver:
common life
- descendants
7. In case of voluntary JSP, Agreement to revive
-Innocent party
former property regime

Administration of exclusive property may be

transferred to the other on the ff.
circumstances:
1. When one spouse becomes the guardian
of the other
2. When one spouse is judicially declared
an absentee
3. When one spouse is sentenced to a
penalty which carries civil interdiction
4. When one spouse is a fugitive from
justice or in hiding as an accused
criminal

Limited Co-Ownership (Art.148)

Requisites:
1. Man and Woman not capacitated to marry each
other
2. Live exclusive as husband and wife
Rules
1. Properties acquired by both of them through
their actual joint contribution shall be owned by
them in proportion of their respective shares
2. In the absence of proof the Presumption of
equal shares will apply
Including: Joint Deposits of money and credit
3. If one of the parties is validly married his/her
share shall be included in the property regime
of that marriage
4. Party in bad faiths who is not validly married
share shall be forfeited in favor of common
children.
In case of default or waiver:
- descendants
-Innocent party