2015.8.30_Comparison of Property Regime

Property Regime

What included What excluded Charges

Absolute community ofProperty

All the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter [Art. 91]

Under the ACP, spouses cannot excludespecific properties from the regime.

Winnings from gambling shall accrue tothe community property [Art. 95]

Properties acquired before the marriage, for those with legitimate descendants with a former marriage (to protect rights of children by a former marriage)

Properties acquired by a gratuitous title, i.e. donation, inheritance by testate and intestate succession, including the fruits of such properties Except: When expressly provided by the donor or testator that the property shall form part of the ACP

Properties for personal use, Except: Jewelry

Article 94:Support of the following:(1) Spouses

(a) Even if not living together, except when a spouse leaves conjugal home without just cause(b) Even during pendency of action for legal separation/annulment of marriage

(2) Common children(3) Legitimate children of previous marriage(4) Illegitimate children

Debts and obligations contracted during the marriage(1) Either by both spouses or one of them, with the consent of the other(2) Creditors need not prove that the debts benefited the family

Debts contracted by one spouse without consent of the other – ACP is liable only to the extent that the debt benefited the family

Tax, liens, repairs (both major and minor) on community property

Taxes and expenses for mere preservation of separate properties - Applies only to separate properties by either spouse being used by the

1 of 4 l Page Civil Law Review I, Sunday 8:00 am to 12:00 amFirst Semester, School Year 2015-2016

family, not those that do not benefit the family- Expenses limited to minor repairs only

Expenses for professional, vocational, or self-improvement courses of spouses

Ante-nuptial debts that benefited the family

Donations by both spouses to common legitimate children, for purposes of professional/vocational courses or activities for self-improvement

Expenses of litigation between spouses, except when suit is groundless

Conjugal Partnership Of Gains

Proceeds, products, fruits, and income of their separate properties

Everything acquired by them within marriage through their own efforts

Everything acquired by them by chance

Acquired by onerous title during the marriage at the expense of the common fund

Acquired through the labor, industry, work, or profession of either or both spouses

Fruits from common property and net fruits of the exclusive property of each spouse

Property brought into a marriage by each spouse as his/her own

Property acquired by either spouse during the marriage by gratuitous title

Property acquired by right of redemption, by barter, or by exchange with property belonging to either spouse

Property purchased with exclusive money of either spouse

Property purchased by installment, paid partly with conjugal funds and partly with exclusive funds, if full ownership was vested before the marriage [Art. 118]

Improvement on exclusive property: if original value > new value (where new value = value of land + value of improvements + net change in value), then land remains

Arts. 121-123Debts and obligations(1) Parag. 2: Debts incurred(a) By administrator-spouse for the benefit of the family(b) By both spouses(c) By one spouse with the consent of the other(2) Parag. 3: By one spouse without the consent of the other for the benefit of the family(3) Parag. 7: Ante-nuptial debts for the benefit of the family

Taxes and expenses(1) Parag. 4: Maintenance of the CPG properties(2) Parag. 5: Mere preservation of all exclusive properties(3) Parag. 9: Litigation expenses, unless the suit is groundless


Share of either spouse in hidden treasure, whether as finder or owner of property where treasure was found

Acquired through occupation such as fishing or hunting

Livestock existing at dissolution of partnership in excess of what isbrought by either spouse to the marriage

Acquired by chance, such as winnings from gambling or betting

Moral damages arising from a contract paid from the CPG [Zulueta v. Pan Am (1973)]

Loans contracted during the marriage are conjugal, and so is any property acquired therefrom [Mendoza v. Reyes (1983)]

Property purchased by installment, paid partly with conjugal funds and partly with exclusive funds, if full ownership was vested during the marriage; the CPG shall reimburse the owner-spouse [Art. 118]If a winning ticket is bought by conjugal funds, the prize is conjugal (otherwise,

exclusive property of the owner-spouse, subject to the reimbursement of the cost of improvement

Money received under the Social Security Act is not conjugal, although the employee-spouse contributes to the SS with his salaries, but belongs to the designated beneficiary under the Social Security Law.

Collection of credits belonging to one spouse exclusively but the interests shall belong to the CPG [Art. 119]

Sale of separate property of a spouse

Indemnity paid in case of expropriation of separate property or under an insurance policy covering separate property

Support(1) Parag. 1: Support of spouses and common children(2) Parag. 6: Education of spouses, absolute(3) Parag. 8: Education of common children, only for value of donationSupport to surviving spouse & children during liquidation is charged against the fruits or income of their shares in the properties. [Art. 133]

Debts incurred in the exercise of a spouse’s profession

Loan contracts signed by both spouses are conjugal, and they are jointly liable for payment, even if only one spouse signs a subsequent promissory note

Debts incurred during the marriage are presumed to be conjugal and thus are charged to the CPG


the prize is exclusive property of the spouse who owns the ticket)

Improvement on exclusive property: if original value < new value (where new value = value of land + value of improvements + net change in value), then land becomes conjugal property, subject to the reimbursement of the value of the property of the owner spouse at the dissolution of the CPG

Property belonging to one spouse converted into another kind totally different in nature from its original form during marriage becomes conjugal in the absence of proof that the expenses of the conversion were exclusively for the account of the original owner spouse, subject to reimbursement of the value of the original property from the conjugal partnership


2015.8.30_Comparison of Property Regime

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