Property Relations Between Husband and Wife 1 of 2

SYSTEM OF ABSOLUTE COMMUNITY CONJUGAL PARTNERSHIP OF GAINS

When commences

Art. 88. 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.

Composition

Art. 91. Consist of all the property owned by the spouses Art. 106. Proceeds, products, fruits and income from their
at the time of the celebration of the marriage or acquired separate properties and those acquired by either or both
thereafter. through their efforts or by chance.

Exclusive properties of spouses

Art. 92. Property: Art. 109. Property:

(a) acquired during marriage by gratuitous title and the (a) brought to the marriage as his or her own;
fruits as well as the income; (b) each acquires during the marriage by gratuitous title;
(b) for personal and exclusive use of either spouse; (c) acquires by right of redemption, by barter or by
(c) acquired before marriage by either spouse who has exchange with property belonging to only one of the
legitimate descendants by a former marriage, and the spouses;
fruits as well as the income. (d) purchased with exclusive money of the spouse.

Presumption of ownership of property

Art. 93. Property acquired during the marriage is Art. 116. All property acquired during marriage is
presumed to belong to the community unless it is proved presumed to be conjugal unless the contrary is proved.
that it is one of those excluded therefrom.

Charges to community/conjugal property

Art. 94. Art. 121

1. The support of the spouses, their common children, and legitimate children of either spouse;
2. All debts and obligations contracted during the marriage;
3. Debts and obligations contracted by either spouse without the consent of the other to the extent that the family
may have been benefited;
4. All taxes, liens, charges and expenses, including major or minor repairs, upon the community/conjugal property;
5. All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse
used by the family;
6. Expenses to enable either spouse to commence or complete a professional or vocational course;
7. Ante-nuptial debts insofar as they have redounded to the benefit of the family;
8. 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;

9. Payment, in case of absence or insufficiency of the Art. 122. Payment of personal debts contracted before or
exclusive property; during the marriage insofar as they redounded to the
a. Ante-nuptial debts which did not redound to the benefit of the family.
benefit of the family;
b.Support of illegitimate children; Fines and indemnities, as well as support of illegitimate
c. Liabilities incurred by either spouse by reason of a children may be enforced against conjugal assets if the
crime or quasi-delict. spouse bound to pay should have no exclusive property or
if it should be insufficient.

 Property Relations Between Husband and Wife 2 of 2

SYSTEM OF ABSOLUTE COMMUNITY CONJUGAL PARTNERSHIP OF GAINS

10. Expenses of litigation between the spouses unless the suit is groundless. (Art. 121.9)

If the community/conjugal property is insufficient to cover the foregoing liabilities, the spouses shall be solidarily liable
for the unpaid balance with their separate properties. (Except Art. 94 (9))

Art. 94 (9) and Art. 122 are considered as advances to be deducted from the share of the debtor spouse, or
chargeable upon the spouse upon liquidation.

Administration

Art. 96 Art. 124

GR: Administration and enjoyment of the community/conjugal property/partnership shall belong to belong to both
spouses jointly.

In case of disagreement, the husband’s decision shall prevail, subject to recourse to the court by the wife which must
be availed within 5 years from the date of the contract implementing such decision.

Incase of incapacity/unable to participate in the administration of one spouse—other spouse may assume sole powers
of administration
Expn:
1. Disposition
2. Encumbrance
Expn to the Expn:
1. Authority of the court (in case of incapacity); or
2. Written consent of spouse (in case on inability to participate in the administration).

Donations

Art. 98 (Art.125). Neither spouse may donate any community property (conjugal partnership) w/out the consent of the
other.
Expn: Moderate donations for charity or on occasion of family rejoicing.

Dissolution

Art. 99 and 126.

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 Art. 134 to 138.

Effects of separation in fact

GR: It shall not affect the property regime between the husband and the wife.
Unless:
1. Spouse who leaves the conjugal home or refuses to live therein w/out just cause, shall not have the right to be
supported;
2. When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be
obtained in a summary proceeding;
3. In the absence of sufficient conjugal partnership property, the separate property of both spouses shall be
ssolidarily liable for the suppport of the family.