MATRIX OF PROPERTY REGIME

ABSOLUTE COMMUNITY REGIME

Status of Marriage Legally married

Automatic Applicability in If marriage took place after August 3, 1988 

the Absence of Pre-
nuptial Agreement

Establishment It shall govern in the absence of marriage

settlement or when the regime agreed
upon is void

Property Covered Consist almost all the property owned by

the spouses

Basis Mutual Trust

Governing Rules The rules governing co-ownership shall

apply in all matters not provided for in the
Family Code.

Effect Parties are deemed as co-owners of

properties they both own at the time of the
celebration of marriage and those acquired
thereafter. 

Summary This property regime pools the property of

the husband and the wife together into one
common fund. This will include the
properties owned prior to the marriage.
Both parties also have equal rights to the
common fund. When married couples
decide to go separate says or dissolve their
marriage, the property should be equally
divided.
Commencement At the precise moment the marriage is
celebrated and any stipulation allowing for
the commencement of such system at a
later time shall be considered as void.

Exclusive Properties 1. Property acquired during the marriage by

gratuitous title by either spouse and the
fruits as well as the income thereof, if any,
unless it is expressly provided by the donor,
testator, or grantor that they shall form
part of the community property.
2. Property for personal and exclusive use
of either spouse. However, jewelry shall
form part of the community property.
3. 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.

Administration Administration and enjoyment of the

community property shall belong to both
spouses jointly.

Donation Neither spouse may donate any community

property without the consent of the other.

Dissolution What is divided equally between the

spouses or their heirs upon the dissolution
and liquidation of the community property
is the net remainder of the properties of
the absolute community

Liquidation The net remainder of the community

properties is just divided between the
spouses or their heirs.
Termination Art. 99. The absolute community
terminates: (1) Upon the death of either
spouse; (2) When there is a decree of legal
separation; (3) When the marriage is
annulled or declared void; or (4) In case of
judicial separation of property during the
marriage under Article 134 to 138.
 MATRIX OF PROPERTY REGIME
CONJUGAL PARTNERSHIP OF GAINS
Legally married
If marriage took place on or before August
3, 1988 
Agreed upon in the marriage settlement
Placed in common fund are: (1) Fruits of
theire separate property and (2) Income
from their work and industry.
Presumption of solidarity between spouses Distrust
The rules on the contract of partnership
Parties retain ownership over their
respective properties. All property acquired
during the marriage is presumed to be
conjugal unless contrary provided.
Conjugal Partnership of Gains (CPG) is
similar to Absolute Community of Property
except that there is a difference in how the
properties are acquired by each party prior
to getting married. The properties
produced during the marriage will go to the
common fund or the Conjugal Property
where both spouses have equal rights.
COMPLETE OR ABSOLUTE SEPARATION
Legally married
Agreed upon in the marriage settlement
Each owns his own earnings
Art. 143. The provisions of this chapter is
suppletory
Each spouse shall own, dispose of, possess,
administer and enjoy his or her own
separate estate, without need of the
consent of the other.
This means each one of the spouses owns
owns his or her exclusive properties, from
both present and future property, including
the ones they already own prior to getting
married. If couples choose this property
relation or regime, the means for
supporting their family is through the use of
common fund. The contribution of each
part will depend on their income capacity.
It begins at the precise moment when the
marriage is celebrated, exactly like in
absolute community of property.
If the future spouses failed to choose the
system of complete separation
of properties in their marriage settlements,
it is still possible for them to be governed
by this regime during their marriage by
going to court for a judicial order.

1.     That which is brought to the marriage

as his or her own; 2.That which each
acquires during the marriage by gratuitous
title; 3. That which is acquired by right of
redemption, by barter or by exchange with
property belonging to only one of the
spouses; and 4. That which is purchased
with exclusive money of the wife or of the
husband.

The administration and enjoyment of the Parties are free to manage their respective
conjugal partnership shall belong to both properties without interference of the
spouses jointly other.

Neither spouse may donate any conjugal Parties are free to donate without
partnership property without the consent interference of the other.
of the other.

In the conjugal partnership of gains,

however, the separate properties of the
spouses are returned upon the dissolution
of the partnership, and only the net profits
of partnership are divided equally between
the spouses or their heirs.

The exclusive properties of the parties will

have to be identified and returned, and
sometimes, this identification is very
difficult.
Art. 126. The conjugal partnership
terminates: (1) Upon the death of either
spouse; (2) When there is a decree of legal
separation; (3) When the marriage is
annulled or declared void; or (4) In case of
judicial separation of property during the
marriage under Articles 134 to 138
PROPERTY REGIME OF UNION
WITHOUT MARRIAGE

Not legally married

Co-owners of properties

The rules of co-ownership

It applies to couples who are capable of

getting married but due to some reason did
not get married because the property
relations resemble that in CPG. This means
their possessions prior to their marriage
remain theirs, but the properties they
produce or acquire during their marriage
will be shared equally by both couples.
The co-ownership cannot be terminated
until the cohabitation is also terminated.