Mosarah A. LautPERSONS & FAMILY RELATION

Absolute Community of Properties

Conjugal Partnership of Gains

Complete Separation of Property

DEFINITION

A system of property relation where the spouses Become co-owners of all the properties that they bring into the marriage and those acquired by either or both of them during the course of their marriage, save for some exceptions.

It is that formed by a husband and his wife whereby they place in a common fund the fruits of their separate property, and the income from their work or industry, the same to be divided between them equally (as a general rule) upon the dissolution of the marriage or the partnership.

In this property regime, each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other.

WHEN APPLICABLE?

On marriages contracted on or after August 3, 1988 (effectivity of the Family Code of the Philippines), the system of absolute community of property shall govern.

On marriages contracted before August 3, 1988, the system of conjugal partnership of gains shall govern.

Only if settled in prenuptial agreement by both spouses.

EXCLUSIVE PROPERTIES

Properties acquired during the marriage by gratuitous (or lucrative) title by either spouse, and the fruits as well as the income thereof, if any, unless it is specifically provided by the donor, testator, or grantor that they shall for part of the community;

Property for personal and exclusive use of either spouse, however, jewelry shall form part of the community;

Property acquired before the marriage by either spouse who

Properties brought into marriage as either of the spouse’s own.

Properties acquired by gratuitous (or lucrative) title during the marriage.

Properties acquired by right of redemption or by exchange with other property belonging to only one of the spouses.

Properties acquired with exclusive money of either spouse

To each spouse shall belong all the earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property.

has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property.

COMMUNITY PROPERTIES CONJUGAL PROPERTIES

All properties owned by spouses at the time of celebration of marriage or acquired thereafter.

Properties acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership of for only one of the spouses.

Properties obtained from 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;

Properties acquired through occupation such as fishing and hunting;

Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse;

Properties acquired by chance, such as winnings from gambling and betting.

No common properties.

ADMINISTRATION & ENJOYMENT OF COMMON PROPERTY Belong to both

spouses jointly. Belong to both

spouses jointly. The spouses are free

to manage their respective properties without interference from other spouse.

DONATION OF COMMON PROPERTY Neither spouse may

donate any community property without consent of the other.

Neither spouse may donate any conjugal property without consent of the other.

Spouses are free to donate without interference of the other.