Absolute Community of Property v. Conjugal Partnership of Gains v. Complete Separation of Properties Flashcards
Differentiate between absolute community of property (ACP) v. conjugal partnership of gains (CPG) v. Complete Separation of Properties (CSP).
There are three (3) property regimes established by Philippine Law.
ACP
-> The spouses become co-owners of properties they had separately owned at the time of the celebration of marriage and those acquired thereafter during the course of their marriage. This forms a common fund referred to as the absolute community; save some exceptions which remain excluded such as property acquired by gratuitous title by a single spouse alone.
CPG
-> Take note of ‘partnership of gains’. Clue ni, so meaning after marriage.
-> The spouses retain individual ownership of the property they had before they got married. It is the income, fruits, proceeds, or “gains” from the spouses’ separate properties that form their conjugal property or the common fund that is co-owned by the spouses.
CSP
-> Each spouse retains individual ownership of the property that they had brought into the marriage as well as the property they had individually acquired thereafter. The separation of property may refer to present or future property or both and it may be total or partial separation. In partial separation, the property that was not agreed upon to be separate, shall pertain to the absolute community of the spouses.
Among the three, what is the default property regime for spouses?
If the spouses did not agree on a specific property regime in a pre-nup before they were married, Philippine law has determined “defaults” as to which property regime governs their marriage in absence of a pre-nup.
For domestic marriages wherein both spouses are Filipino citizens, the reckoning point is the date they were married.
a) If the marriage was solemnized/celebrated on or before August 3, 1988 (the effectivity of the Family Code), CPG is what will govern their marriage.
b) If the marriage was solemnized/celebrated after August 3, 1988 (the effectivity of the Family Code), ACP will prevail.
What properties fall under the Absolute Community of Property (ACP) Regime?
What properties fall under the Communal/Conjugal Property of Gains (CPG) Regime?
1) All properties gained by winning a game of chance, sweepstakes or any other bets, whether permitted or prohibited by law, are under community or conjugal property (unless there is a pre-nuptial agreement stating otherwise).
(Family Code of the Philippines, Articles 95 and 123)
