Chap 4 - Property Relations

Question 1

Under Art. 74 of the Family Code, the property relationship between husband and wife shall be governed in the following order:

Answer 1

1. By marriage settlements executed before the marriage
2. By the provisions of law
3. By the local custom

Question 2

Type of Property Relations or Marriage Settlements

Answer 2

1. Absolute community of Property (ACoP)
2. Conjugal partnership of Gains (CGP)
3. Complete separation of property
4. Any other regime

Question 3

If the spouses do not have a valid marriage settlement, this system will govern the property relations of the couple and it is more in keeping with the Philippine custom and family unity.

Answer 3

Absolute community of Property (ACoP)

Question 4

Under ACoP, in general, property will be presumed to

Answer 4

belong to the community unless it can be proven to be exclusive property

Question 5

The following shall be excluded from the community property under ACoP

Answer 5

1. Property acquired during marriage through gratuitous transfer
2. Property for personal and exclusive use of the spouse, however, jewelry shall from 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

Question 6

It is a type of property relations or marriage settlements where 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

Answer 6

Conjugal Partnership of Gains (CGP)

Question 7

CGP applies when

Answer 7

1. Future spouses agree to it in the marriage settlement
2. To conjugal partnerships of gains already established between spouses before the effectivity of the Family Code (August 3, 1988) without prejudice to vested rights

Question 7

Exclusive property under CPG

Answer 7

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 or by exchange of property belonging to only one of the spouses
4. That which is purchased with the exclusive money of the wife or of the husband

Question 8

Under CPG, all property acquired during the marriage, whether the acquisition appears to have been made, contracted, or registered in the name of one or both spouses, is presumed

Answer 8

to be conjugal unless the contrary is proved

Question 9

Under this type of property relations or marriage settlements, each spouse shall belong all earnings from his or her profession, business, or industry and all fruits, natural, industrial, or civil, due or received during the marriage from his or her separate property

Answer 9

Complete separation of property

Question 10

Under complete separation of property, both spouses shall bear the family expenses by

Answer 10

their proportion to their income, or, in case of insufficiency or default thereof, to the current market value of their separate properties

Question 11

Under complete separation of property, the liability of the spouses to creditors for family expenses shall be

Answer 11

solidary

Question 12

When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, the following rules shall apply:

Answer 12

1. Wages and salaries owned by them in equal shares
2. Property acquired by both of them through their work or industry shall be governed by the rules on co-ownership
3. Neither party can encumber or dispose by act inter-vivos his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation

Question 13

When a man and a woman who are incapacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, the following rules shall apply:

Answer 13

1. Only the property by both of them through their actual joint contribution of money, property, or industry shall be owned in common in proportion to their respective contributions
2. The share of any party who is married to another shall accrue to the absolute community or conjugal partnership, as the case may be, if existing under the valid marriage