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Conjugal Partnership of Gains
Conjugal Partnership of Gains
Partnership of
Gains:
Art. 105: In case the
future spouses
agree in the
marriage settlements
that the regime of
conjugal partnership
gains shall govern
their property
relations during
marriage, the
provisions in this
Chapter shall be of
supplementary
application.
Article 106:
- Proceeds, products,
fruits and income from
their separate
properties
- Those acquired by
their efforts or chance
- Income and fruits by
gratuitous title (diff
from ACP)
- Annuity: retirement
on an annuity
(received as a matter
of right)
-Pension: service
previously rendered for
which full and
adequate
The provisions of
compensation was not
this Chapter shall
received at the time.
also apply to
Article 117:
conjugal
1. Acquired by
partnerships of gains onerous title using
already established
common funds.
between spouses
2. Obtained by labor or
before the effectivity industry or work
of this Code, without 3. Fruits, natural,
prejudice to vested
industrial, or civil due
rights already
received during
acquired in
marriage from
accordance with the common prop
Civil Code or other
- Net fruits of exclusive
laws, as provided in property
Article 256.
BUT personal
damages are not
Presumption is that
conjugal.
all property acquired 4. Share in hidden
during marriage
treasure
even if in the name
5. Fishing and hunting
Article 109:
1. Brought into the
marriage as his or her
own
2. Acquired by
gratuitous title
- By way of succession
- Honorarium (given in
appreciation for
services rendered)
3. Acquired by right of
redemption, barter,
exchange
- Even if money used to
redeem is conjugal
(reimbursement)
4. Bought with exclusive
money of either spouse.
*Onerous donations
*Designated share in
donation
*Gratuity (amount given
by jobs for previous
work)
Art. 110: The spouses
retain the ownership,
possession,
administration and
enjoyment of their
exclusive properties.
Either spouse may,
during the marriage,
transfer the
administration of his or
her exclusive property
to the other by means
of a public instrument,
Article 121:
1.support of spouse common
and legitimate children
2.D&O by admin, both or
either spouse with consent of
other.
3.D&O without consent of
other but redounding.
4.expenses for conjugal prop
(taxes, liens)
5.taxes and expenses for
preservation of separate
property (no need for use)
6.expenses for spouse for
profession or selfimprovement.
7.Antenuptial debts
redounding to family.
8.donation of both for children
for profession or selfimprovement.
9.expenses of litigation
between spouses
Not to be paid by cpg:
Article 122:
-Payment of personal debts
contracted by the husband or
wife before or during the
marriage unless they
redounded to the benefit of
the family.
However, fines and
indemnities imposed support
of illegitimate children can be
paid by the assets AFTER the
payment of obligations
provided in Art. 121. But at the
time of liquidation the spouse
who used such funds will be
Termination:
Article 126:
1.Death
2.Legal Separation
3. Annulled or
declared void.
4.Judicial Separation
Article 127 and 128:
-Provisions on
separation in fact and
abandonment has the
same application as in
ACP article 100 and
101.
Procedure:
Article 129:
1.Inventory of separate
and conjugal prop
2.Payment of
advances
3.Reimbursement to
the spouses.
4.D&O paid out by
CPG, insufficiency
solidarily liable.
5.exclusive prop
delivered
6.loss or deterioration
of movables paid from
CPG
7.Net remainder to be
divided (unless MS or
waiver)
8.Delivery of
presumptive legitimes
9.Conjugal dwelling
Article 130: in case of
of one spouse is
conjugal unless
otherwise provided.
6. Excess livestock
(those brought in to
the marriage by one
will reimbursed
7. Acquired by chance
charged.
If charges are paid, and no
property or insufficient,
CPG pays:
-Fines, debts before the
marriage
-Support of illegitimate
*Subject to reimbursement
(ACP no need to pay out all
charges first)
Conjugal
Partnership of
Gains
Conjugal
Partnership of
Gains
Conjugal
Partnership of
Gains
Conjugal
Partnership of
Gains
Property Regime
Absolute community of
property
Art. 88: The absolute
community of property
between spouses shall
commence at the precise
moment that the
marriage is celebrated.
Any stipulation, express
or implied, for the
commencement of the
community regime at any
other time shall be void
What included
All properties owned
before and after.
What excluded
Article 92:
1.provided in marriage
Art. 91: Unless otherwise settlement
provided in this Chapter
2. Personal and exclusive use of
or in the marriage
either spouse (except jewelry)
settlements, the
- However if exclusive property
community property shall is used to purchase something
consist of all the property else such property becomes part
owned by the spouses at of ACP
the time of the
1.Property acquired by
celebration of the
gratuitous title including the fruits
marriage or acquired
and income UNLESS the
thereafter.
guarantor expressly said they
(Default regime if nothing
will form part of ACP
stipulated exception:
- Must be a valid donation (cant
Art. 93: Property
subsequent marriage
be donation made by one
acquired during the
after death will
spouse to another)
marriage is presumed to 2.Property acquired by either
automatically be CSP if
belong to the community, spouse who has legitimate
there was no proper
unless it is proved that it descendants and the fruits of
liquidation of the
properties of the previous is one of those excluded that property
therefrom.
marriage)
*Winnings from gambling (losses
Art. 90: The provisions
borne by looser)
on co-ownership shall
apply to the absolute
community of property
between the spouses in
all matters not provided
for in this Chapter.
Notes
Art. 89: No waiver of rights, shares
and effects of the absolute
community of property during the
marriage can be made except in
case of judicial separation of
property.
When the waiver takes place upon
a judicial separation of property, or
after the marriage has been
dissolved or annulled, the same
shall appear in a public instrument
and shall be recorded as provided
in Article 77. The creditors of the
spouse who made such waiver
may petition the court to rescind
the waiver to the extent of the
amount sufficient to cover the
amount of their credits.
* No waiver of rights, interests,
shares, and effects without judicial
separation or dissolution or
annulment of marriage shall
appear in a public instrument
(creditors may rescind waiver up to
extent of the debt)
Art. 96: The administration and
enjoyment of the community
property shall belong to both
spouses jointly. In case of
disagreement, the husband's
decision shall prevail, subject to
recourse to the court by the wife for
proper remedy, which must be
availed of within five years from the
date of the contract implementing
such decision.
Charges
Article 94:
1. Support (spouses, common &
legitimate children)
- Even beyond age of majority
2. Debts & obligations made by
both, administrator, or with
consent of other spouse (even if
did not redound)
3. D & O without consent but
redounded.
4. Expenses for community
property (taxes, liens, charges)
5. Taxes & expenses for
preservation during marriage of
separate property used by family
6. Expenses for self-improvement
or profession.
7. Antenuptial debts redounding
to family
8. Donation made by both
spouses for children to pursue
vocation or self-improvement
9. For illegitimate children, fines
for crimes/quasi delict in case of
insufficiency. (Advances)
10. Expenses for litigation
* Solidary liability does not include
ante-nuptial debts not redounding,
support of illegitimate, liabilities
thru crime/delict.
Art. 95: Whatever may be lost
during the marriage in any game
of chance, betting, sweepstakes,
or any other kind of gambling,
whether permitted or prohibited by
law, shall be borne by the loser
and shall not be charged to the
Absolute community of
property
Absolute community of
property
SEPARATION IN FACT:
Art. 100: The separation in fact between husband and wife
shall not affect the regime of absolute community except
that:
1.The spouse who leaves the conjugal home or refuses to
live therein, without just cause, shall not have the right to be
supported;
2.When the consent of one spouse to any transaction of the
other is required by law, judicial authorization shall be
obtained in a summary proceeding;
3. In the absence of sufficient community property, the
separate property of both spouses shall be solidarily liable
for the support of the family. The spouse present shall, upon
proper petition in a summary proceeding, be given judicial
authority to administer or encumber any specific separate
property of the other spouse and use the fruits or proceeds
thereof to satisfy the latter's share.
Art. 101: If a spouse without just cause abandons the other
or fails to comply with his or her obligations to the family, the
aggrieved spouse may petition the court for receivership, for
judicial separation of property or for authority to be the sole
administrator of the absolute community, subject to such
precautionary conditions as the court may impose.
The obligations to the family mentioned in the preceding
paragraph refer to marital, parental or property relations.
A spouse is deemed to have abandoned the other when he
or she has left the conjugal dwelling without intention of
returning. The spouse who has left the conjugal dwelling for
a period of three months or has failed within the same
period to give any information as to his or her whereabouts
shall be prima facie presumed to have no intention of
returning to the conjugal dwelling.