AC CPG CSP Art 147 Art 148

Absolute Community Conjugal Partnership of Gains Complete Separation of

Property
May be declared in marriage settlement (Art 143)
How constituted Default Agreed upon by future Shall take place only with judicial order (Art 134) When man and woman Upon cohabitation of man
spouses (Art 106) Sufficient causes:
(1) Spouse of petitioner (SOP) sentenced with
capacitated to marry each and woman not falling
penalty of civil interdiction other live with each other under Art 147
(2) SOP judicially declared absentee
(3) SOP lost right to parental authority as husband and wife
(4) SOP abandoned latter and failed to comply
with obligations without benefit of marriage
(5) Administrator of property abused his power
(6) 1 year separation, spouses irreconcilable or under a void marriage
(Art 135)
Spouses file petition (Art 136) Court decrees
CSP (Art 137) Revival prop regime (Art 141)
Transfer of admin (Art 142)
At the precise moment the marriage is Same; also: By judicial decree (Art 137)
Commencement celebrated (Art 88) Other times: void Same Upon cohabitation Upon cohabitation
All property acquired during marriage (Art 116) Wages and salaries Properties acquired through actual joint
Common property All property owned by the (1) Acquired at expense of common fund Property not agreed upon Property acquired through work or industry contribution of money, property or industry
spouses at the time of the (2) Acquired by labor/work by either/both
spouses
as separate will pertain to Presumption without proof: properties are Presumption without proof: properties are
celebration of the marriage (3) Fruits from common prop, net fruits from absolute community (Art acquired through joint effort acquired through joint effort
exclusive prop
or acquired thereafter (Art (4) Share from hidden treasure found by either 144) Maintenance and care of household included in
(5) Acquired through occupation (hunting, effort
91) fishing)
(6) Livestock excess of what was brought into
Presumption is marriage
belongingness to (7) Acquired by gambling/chance: but losses only
borne by loser spouse
community (Art 93) (Art 117)
Exceptions: (1) Brought to marriage as his/her own
Separate property (1) Property acquired by gratuitous title unless (2) Acquired during marriage as gratuitous title All earnings and fruits Same as AC?
expressly provided by grantor/testator
(2) Property for personal and exclusive use
(3) Acquired by right or redemption or barter by
each spouse on exclusive property
received from separate
except jewelry (4) Purchased by exclusive money property
(3) Property acquired before marriage for (Art 109)
legitimate descendants of previous marriage
(Art 92)
(1) Support of the spouses, common children, (1) Support of the spouses, common children,
Charges/expenses and legitimate children. and legitimate children. In proportion to each
Illegitimate: see Code on Support
(2) Debts and obligations by both or with consent
Illegitimate: see Code on Support
(2) Debts and obligations by both or with consent
spouses income (Art 146)
(3) Debts and obligations with no consent but (3) Debts and obligations with no consent but
beneficial beneficial
(4) Taxes, liens, charges, expenses (repairs) (4) Taxes, liens, charges, expenses (repairs)
upon community property upon conjugal partnership property
(5) Taxes and expenses for preservation of (5) Taxes and expenses for preservation of
property property
(6) Expenses for professional/vocational course (6) Expenses for professional/vocational course
or self-improvement or self-improvement
(7) Antenuptial debts of either, beneficial (7) Antenuptial debts of either, beneficial
(8) Donated/promised in favor of common (8) Donated/promised in favor of common
children for prof/vocational course or self- children for prof/vocational course or self-
improvement improvement
(9) Debtor-spouse deductions* (9) Expenses of litigation between spouses
(10) Expenses of litigation between spouses unless the suit is found to be groundless
unless the suit is found to be groundless (Art 121)
(Art 94)
Community insufficient: payment taken from
separate properties (Art 94)
Gambling: Loss debtor-spouse; Win
community prop (Art 95)
(1) Upon death of either (1) Upon death of either
Dissolution (2) Decree of Leg Sep (2) Decree of Leg Sep End of cohabitation
(3) Marriage annulled/voided (3) Marriage annulled/voided
(4) Judicial separation of prop under Arts 134- (4) Judicial separation of prop under Arts 134-
138 138
(Art 99) Art 100: effects (Art 126) Art 127: effects
Procedure of liquidation: Procedure of liquidation: When only one in void marriage is in good faith: If one of parties validly married to another:
Liquidation/partition (1) Inventory prepared (1) Inventory prepared shares of bad faith spouse forfeited in favor of his/her share accrues to AC or CPG of his valid
(2) Debts and obligations paid out of assets of (2) Amounts advanced as payment for common children marriage
CP debts/obligations credited to CPP as assets
(3) Remains, to spouses (3) Reimbursement of each spouse for use of Default: each vacant share forfeited to surviving If party in bad faith not validly married to another:
(4) Net remainder (net assets) divided equally his/her exclusive funds descendants Art 147 applies
among spouses (4) Debts and obligations paid out of assets of
(5) Presumptive legitimes of children delivered CPP Default default: to innocent spouse
(6) Conjugal dwelling adjudicated to spouse with (5) Remains, to spouses
majority of common children (6) Loss/deterioration of movables paid to
(Art 102) spouse
(7) Net remainder (net assets) divided equally
among spouses
(8)Presumptive legitimes of children delivered
(9) Conjugal dwelling adjudicated to spouse with
majority of common children
(Art 129)