Conjugal property at community property ng mag-asawa, ano ang kasali at ano ang hindi?
Para saan ang
prenup o pre-nuptial agreement o ante-nuptial agreement o marriage settlement? Anu-ano ang mga
karapatan o rights ng mag-asawa sa mga ari-arian o property nila? Ano ang property relations ng mag-
asawa pagkatapos ng kasal? Pwede bang separate o hiwalay ang properties ng husband at wife? Ano
ang absolute community of property, conjugal partnership of gains at complete separation of property?
Anu-ano ang mga regimes of property relations ng mga mag-asawa? Maaari bang magkahiwalay ang
properties ng husband at ng wife? Kailan ba dapat gawin ang pre-nuptial agreement (prenuptial
agreement)? Bakit magkaiba ang Family Code of the Philippines at Civil Code of the Philippines
pagdating sa property relations ng mag-asawa? Ano ang default property regime sa ilalim ng Family
Code of the Philippines at Civil Code of the Philippines?
What constitutes the conjugal property or community property of the married couple or spouses? What
is included in the conjugal property or community property of the married couple? What is a prenuptial
agreement (pre-nuptial agreement) or ante-nuptial agreement (ante nuptial agreement) or marriage
settlement? What are the property rights of the husband and wife during marriage? What is meant by
the conjugal partnership of gains, absolute community of property and complete separation of
property? What are the regimes of property relations of the married couple (husband and wife)? Can
the couple decide on their property relations during marriage? What is the judicial dissolution of
community property or conjugal partnership property?
FAMILY CODE PROVISIONS:
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. (145a)
Art. 91. Unless otherwise provided in this Chapter or in the marriage settlements, the community
property shall consist of all the property owned by the spouses at the time of the celebration of the
marriage or acquired thereafter. (197a)
Art. 92. The following shall be excluded from the community property:
(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. (201a)
Art. 93. Property acquired during the marriage is presumed to belong to the community, unless it is
proved that it is one of those excluded therefrom. (160)
CONJUGAL 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.
The provisions of this Chapter shall also apply to conjugal partnerships of gains already established
between spouses before the effectivity of this Code, without prejudice to vested rights already acquired
in accordance with the Civil Code or other laws, as provided in Article 256. (n)
Art. 106. Under the regime of conjugal partnership of gains, the husband and wife place in a common
fund the proceeds, products, fruits and income from their separate properties and those acquired by
either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of
the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally
between them, unless otherwise agreed in the marriage settlements. (142a)
Art. 109. The following shall be the exclusive property of each spouse:
(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. (148a)
Art. 110. The spouses retain the ownership, possession, administration and enjoyment of their exclusive
properties.
COMPLETE SEPARATION OF PROPERTY
Art. 134. In the absence of an express declaration in the marriage settlements, the separation of
property between spouses during the marriage shall not take place except by judicial order. Such judicial
separation of property may either be voluntary or for sufficient cause. (190a)
