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Property Regime Matrix
Property Regime Matrix
PROPERTY REGIME OF
PROPERTY REGIME OF
UNIONS WITHOUT
ABSOLUTE COMMUNITY CONJUGAL PROPERTY OF REGIME OF SEPARATION UNIONS WITHOUT MARRIAGE
MARRIAGE (Without any
PROPERTY GAINS OF PROPERTY (With legal impediments)
legal impediment)
Art 148
Art. 147
It shall commence at the precise moment that the marriage is When future spouses When a man and a woman When parties involved are not
celebrated. Any stipulation, express or implied, for the agree in the marriage capacitated to marry each capacitated to marry each other
When will it commencement of the commencement of the community regime settlements that their other, live exclusively with live exclusively together.
commence /When at any other time shall be void. (Art. 88, 107) property relations during each other as husband and
is it applicable? marriage. (Art 143) wife without the benefit of
marriage or under a void
marriage.
In absence of
Marriage General Rule. Under Civil Code
General rule. Under Family
settlement, which (Established before the Family
Code.
regime shall Code)
govern?
Properties All the property owned by the 1. Those acquired during the May refer to present or Only properties acquired by
constituting the spouses at the time of the marriage with conjugal funds future property or both. It both of the parties through their
property regime celebration of the marriage or 2. Those obtained from labor, may be total or partial. In actual joint contribution of
acquired thereafter. industry, work or profession of the latter case, property money, property, or industry
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Property acquired during the All property acquired during the Properties acquired while Their contributions and
marriage is presumed to marriage, whether the they lived together shall be corresponding shares are
belong to the community, acquisition appears to have presumed to have been presumed equal.
unless it is proved that it is been made, contracted or obtained by their joint
one of those excluded registered in the name of one or efforts, work or industry. A
therefrom. both spouses, is presumed to be party who did not participate
To invoke the presumption, conjugal unless the contrary is in the acquisition by the
Presumption, in the property must be shown proved. other party who did not
the absence of to have been acquired during participate in the acquisition
proof to the the marriage. by the other party of any
contrary It is not necessary to prove property shall be deemed to
that the property was acquired have contributed jointly in
by the funds of the the acquisition thereof if the
community. Registered name former's efforts consisted in
generally not indicative, except the care and maintenance of
if you cannot prove that the the family and of the
property was acquired during household.
the marriage.
Exclusions from 1. Property acquired during 1) That which is brought to the To each spouse shall 1. Salaries and wages shall be
the property the marriage by gratuitous marriage as his or her own; belong all earnings from owned by them in equal
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regime (Exclusive title and its fruits except if its 2) That which each acquires his or her profession, shares;
property of each expressly provided by the during the marriage by business or industry and all
spouse) donor, testator or grantor that gratuitous title; fruits, natural, industrial or 2. Property acquired by
they shall form part of the 3) That which is acquired by civil, due to received either of the parties
community property right of redemption, by barter or during the marriage from exclusively by his or her own
2. Property for personal and by exchange with property his or her separate fund belongs to such party,
exclusive use of either spouse belonging to only one of the property. provided that there is proof
(jewelry forms part of the ACP) spouses; and that he or she acquired it by
3. Property acquired before 4) That which is purchased with exclusive funds;
the marriage by one with exclusive money of the wife or
All which are agreed in the 3. Property acquired while
legitimate descendants by of the husband.
marriage settlement. they live together shall be
former marriage and its fruits
presumed to have been
and income Future or present property obtained by their joint
or both. efforts, work or industry and
shall be owned by them in
equal shares. A party who did
not participate in the
acquisition by the other party
of any property shall be
deemed to have contributed
jointly in the acquisition
thereof if the former’s efforts
consisted in the care and
maintenance of the family
and of the household.
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Charges upon the 1. Debts and obligations 1. Debts and obligations Both shall bear the family
Regime contracted by either spouse contracted by either spouse expenses in proportionate
without the consent of the without the consent of the other to their income.
other to the extent it benefited to the extent it benefited the
the family. family.
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mentioned.
Losses/Winnings Losses shall be borne by the loser and shall not be charged to the
in any game of community but any winnings there from shall form part of the
chance, betting, community property. (Art 117, 123)
sweepstakes, or
any other kind of
gambling
(permitted or not)
Both spouses jointly enjoy the administration and enjoyment of Each spouse shall own,
the community property/ conjugal partnership. In case of dispose of, posses,
disagreement, however, the husband’s decision shall prevail, administer and enjoy his or
subject to recourse to the court by the wife for proper remedy, her separate estate,
which must be availed of within five years from the date of the without need of the
contract implementing such decision. In the event that one consent of the other.
spouse is incapacitated or otherwise unable to participate in the
administration of the common properties, the other spouse may
assume sole powers of administration.
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.
Neither spouse may donate any community/conjugal property Neither party can encumber
Consent in
without the consent of the other. Consent is not needed when or disose by acts inver vivos
Donation of
donations are moderate and in favor of charity or on occasions of of his or her share in the
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1) Upon the death of either spouse Filing a Decree reviving Marriage without marriage Forfeiture of a share in the
When is the 2) When there is a decree of legal separation the former property settlement or as arranged in ownership.
regime 3) When the marriage is annulled or declared void regime that existed the marriage settlement.
terminated? 4) In case of judicial separation of property during the marriage between the spouses
under Article 134 to 138. (governed by Art 67)
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6. Payment of losses of
movables
8. Delivery of presumptive
legitimes. (Art. 129)
Rule if there is
subsequent
A mandatory regime of complete separation of property shall
marriage without
govern the property relations of the subsequent marriage.
the liquidation
required by law
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(1) The spouse who leaves the conjugal home or refuses to live
therein, without just cause, shall not have the right to be
supported;
Effects if the
spouses separate (2) When the consent of one spouse to any transaction of the
in fact other is required by law, judicial authorization shall be obtained in
a summary proceeding;
Procedures in case If a spouse without just cause abandons the other or fails to
of abandonment comply with his or her obligations to the family (”obligations to
the family” refer to marital, parental or property relations), 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.
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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.
Upon the termination of the marriage by death, the community
property shall be liquidated in the same proceeding for the
settlement of the estate of the deceased. If no judicial settlement
proceeding is instituted, the surviving spouse shall liquidate the
community property either judicially or extra-judicially within six
Procedures in case
months from the death of the deceased spouse.
of death of a
spouse
If the procedure on liquidation, as outlined above, is not followed:
(a) any disposition or encumbrance involving community property
by the surviving spouse shall be void; and (b) any subsequent
marriage shall be governed by the mandatory regime of complete
separation of property.
Forfeiture in case When only one of the parties If one party is validly married
one party is in bad is in good faith, the share of to another:
faith the party in bad faith shall be
forfeited: - His or her share in the
co-owned properties
1. In favor of their common will accrue to the
children ACP/CPG of his/her
existing valid marriage
2. In case of default of or
waiver by any or all of the If the party who acted in bad
common children or their faith is not validly married to
descendants, each vacant another, his/her share shall be
share shall belong to the forfeited in the same manner
respective surviving as that provided in Art 147.
descendants
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