Absolute Community of Conjugal Partnership of Complete Separation of

Property Gains Property

Inclusions All the properties owned by
the spouses at the time of or
acquired after the marriage
Proceeds, products, fruits
and income of separate
properties.
Properties acquired by
either or both through their
efforts or by chance.
All properties as agreed in
the marriage settlement as
well as future properties of
each spouses.
Earnings from profession,
business or industry.

Properties acquired by All fruits (natural, industrial,

onerous title during the or civil) due or received
marriage at the expense of during the marriage from
the common fund. the separate properties.

Properties obtained from

the labor, industry, work or
profession of either or both
of the spouses.

Fruits (natural, industrial, or

civil) due or received during
the marriage from the
common property.

Net fruits from the exclusive

property of each.

Share in the hidden

treasure which the law
awards to the finder or
owner of the property where
it is found.

Properties acquired through

occupation.
Exclusions Property acquired during the
marriage by gratuitous title
and its fruits and income.
Unless expressly provided by
the donor, testator or grantor
that it will form part of the
community property
Property for personal and
exclusive use of either
spouse. Except jewelry.
Property acquired before the
marriage by a spouse who
has legitimate descendants
by a former marriage and its
fruits and income
Charges and The absolute community of
Obligations property is liable for:
Support of the spouses, and
the common and legitimate
children of either spouse.
All debts and obligations
contracted during the
marriage for the benefit of
the community.
Debts and obligations
contracted without consent of contracted
Property brought to the Properties agreed to be not
marriage as exclusive separate.
property.
Property acquired by each
during the marriage by
gratuitous title.
Property acquired by right of
redemption, barter or
exchange with an exclusive
property.
Property purchased with
exclusive money.
The Conjugal Partnership The regime of separation of
of Gains shall be liable for: property is liable for the
family expenses in
(1) The support of the proportion to their income
spouse, their common
children, and the legitimate If their income is
children of either spouse; insufficient, the current
however, the support of market value of their
illegitimate children shall be separate property shall be
governed by the provisions liable for the family
of this Code on Support; expenses.
(2) All debts and obligations The liabilities to creditors for
during the family expenses is not
the other spouse to the
extent that the family may
have been benefited.
All taxes, liens, charges and
expenses, including repairs,
upon the community
property.
All taxes and expenses for
mere preservation made
during the marriage upon a
separate property used by
the family.
Expenses to commence or
complete a professional or
vocational course, or other
self-improvement activity.
Antenuptial debts of either
spouse insofar as they have
redounded to the benefit of
the family.
The value of what is donated
or promised by both spouses
in favor of their common
legitimate children for the
exclusive purpose of
commencing or completing a
professional or vocational
course or other self-
marriage by the designated separate but the spouses
administrator-spouse for the are solidarily liable.
benefit of the conjugal
partnership of gains, or by
both spouses or by one of
them with the consent of the
other;
(3) Debts and obligations
contracted by either spouse
without the consent of the
other to the extent that the
family may have benefited;
(4) All taxes, liens, charges,
and expenses, including
major or minor repairs upon
the conjugal partnership
property;
(5) All taxes and expenses
for mere preservation made
during the marriage upon
the separate property of
either spouse;
(6) Expenses to enable
either spouse to commence
or complete a professional,
vocational, or other activity
for self-improvement;
 improvement activity.
Other antenuptial debts.
Support of illegitimate
children of either spouse.
Liabilities incurred by either
spouse because of a crime
or a quasi-delict.
Expenses of litigation
between the spouses unless
the suit is ground to be
groundless.
Ownership and The administration and
(7) Ante-nuptial debts of
either spouse insofar as
they have redounded to the
benefit of the family;
(8) The value of what is
donated or promised by
both spouses in favor of
their common legitimate
children for the exclusive
purpose of commencing or
completing a professional or
vocational course or other
activity for self-
improvement; and
(9) Expenses of litigation
between the spouses
unless the suit is found to
be groundless.
NOTE: If the conjugal
partnership is insufficient to
cover the foregoing
liabilities, the spouses shall
be solidarily liable for the
unpaid balance with their
separate properties.
The administration and The ownership of the
Administration enjoyment of the community enjoyment of the conjugal separate properties of the
property shall belong to both partnership shall belong to spouses is separate - each
spouses jointly. both spouses jointly. spouse shall own, dispose
of, possess and administer
In case of disagreement, the In case of disagreement, their own properties without
husband’s decision shall the husband’s decision shall the consent of the other.
prevail. The wife may go to prevail, subject to recourse
court for a proper remedy. to the court by the wife for Each spouse owns all their
proper remedy, which must earnings from his/her
In case of incapacity of one be availed of within five profession, business, or
spouse, the other spouse years from the date of the industry and all fruits, civil,
may assume sole powers of contract implementing such natural, industrial due or
administration. decision. received during the
marriage from his or her
However, the sole powers of In the event that one separate property.
administration does not spouse is incapacitated or
include the powers of otherwise unable to
disposition and encumbrance participate in the
without authority of the court administration of the
or written consent of the conjugal properties, the
other spouse. other spouse may assume
sole powers of
administration.

These powers do not

include disposition or
encumbrance without
authority of the court or the
written consent of the other
spouse. In the absence of
such authority or consent,
the disposition or
 encumbrance shall be void.
However, the transaction
shall be construed as a
continuing offer on the part
of the consenting spouse
and the third person, and
may be perfected as a
binding contract upon the
acceptance by the other
spouse or authorization by
the court before the offer is
withdrawn by either or both
offerors.

Dissolution The absolute community The conjugal partnership Not available.

terminates: terminates:
(1) Upon the death of either
1. Upon the death of spouse;
either spouse;
2. When there is a (2) When there is a decree
decree of legal of legal separation;
separation;
3. When the
(3) When the marriage is
marriage is annulled
annulled or declared void;
or declared void; or
or
4. In case of judicial
separation of property
during the marriage. (4) In case of judicial
separation of property
during the marriage under
 Articles 134 to 138.

Liquidation Upon dissolution, the Upon the dissolution of the

following shall apply: conjugal partnership
regime, the following
1. An inventory shall procedure shall apply:
be prepared.
2. The debts and (1) An inventory shall be
obligations of the prepared, listing separately
absolute community all the properties of the
shall be paid out of its conjugal partnership and
assets. the exclusive properties of
3. Delivery to each each spouse.
spouse of whatever
remains of their (2) Amounts advanced by
exclusive properties. the conjugal partnership in
4. The net assets of payment of personal debts
the absolute and obligations of either
community shall be spouse shall be credited to
divided equally the conjugal partnership as
between husband and an asset thereof.
wife. Unless a
different proportion or
(3) Each spouse shall be
division was agreed in
reimbursed for the use of
the marriage
his or her exclusive funds in
settlements or there
the acquisition of property
has been a voluntary
or for the value of his or her
waiver of such share.
exclusive property, the
5. The presumptive
ownership of which has
legitimes of the
been vested by law in the
common children shall
 be delivered upon conjugal partnership.
partition.
6. The conjugal (4) The debts and
dwelling and the lot on obligations of the conjugal
which it is built shall partnership shall be paid out
be adjudicated to the of the conjugal assets. In
spouse with whom the case of insufficiency of said
majority of the assets, the spouses shall be
common children solidarily liable for the
choose to remain. unpaid balance with their
Unless otherwise separate properties, in
agreed by the parties. accordance with the
In case there is no provisions of paragraph (2)
such majority, the of Article 121.
court shall decide
considering the best
(5) Whatever remains of the
interest of the
exclusive properties of the
children.
spouses shall thereafter be
delivered to each of them.
If the cause of termination of
the marriage is death, the
community property shall be (6) Unless the owner had
liquidated in the same been indemnified from
proceeding for the settlement whatever source, the loss or
of the estate of the deterioration of movables
deceased. used for the benefit of the
family, belonging to either
If no judicial settlement spouse, even due to
proceeding is instituted, the fortuitous event, shall be
surviving spouse may paid to said spouse from the
liquidate the community conjugal funds, if any.
property either judicially or
extrajudicially within one year (7) The net remainder of the
from the death of the
deceased spouse, otherwise,
any disposition or
encumbrance involving the
community property of the
terminated marriage is void.
conjugal partnership
properties shall constitute
the profits, which shall be
divided equally between
husband and wife, unless a
different proportion or
division was agreed upon in
the marriage settlements or
unless there has been a
voluntary waiver or
forfeiture of such share as
provided in this Code.
(8) The presumptive
legitimes of the common
children shall be delivered
upon the partition in
accordance with Article 51.
(9) In the partition of the
properties, the conjugal
dwelling and the lot on
which it is situated shall,
unless otherwise agreed
upon by the parties, be
adjudicated to the spouse
with whom the majority of
the common children
choose to remain. Children
below the age of seven
years are deemed to have
chosen the mother, unless
the court has decided
otherwise. In case there is
no such majority, the court
shall decide, taking into
consideration the best
interests of said children.