Mosarah A.

Laut
PERSONS & FAMILY RELATION
Absolute Community of
Properties

Conjugal Partnership of
Gains

Complete Separation of
Property

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.

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.

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.

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.
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,

Properties brought
into marriage as
either of the spouses
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

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.

however, jewelry shall

form part of the
community;
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.
COMMUNITY PROPERTIES

All properties owned

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

of either spouse

CONJUGAL PROPERTIES

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;

No common
properties.

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.

ADMINISTRATION & ENJOYMENT OF COMMON PROPERTY

Belong to both
Belong to both
spouses jointly.
spouses jointly.

DONATION OF COMMON PROPERTY

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

The spouses are free

to manage their
respective properties
without interference
from other spouse.

Spouses are free to

donate without
interference of the
other.