PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE EFFICACY OF MARRIAGE SETTLEMENT:

1. The consideration is the marriage itself.

GOVERNED BY: 2. Property relations shall be governed by Philippine laws,
1. Marriage Settlements executed before the marriage or ante regardless of the place of the celebration of the marriage or
nuptial gareements; parties' residence
2. Provisions of the Family code
3. Local customs when spouses repudiate ACP EXCEPT:
4. Rules on co-ownership will apply in the absence of local customs a. If both spouses are aliens, even if married in the
Philippines
COMMENCEMENT: b. As to extrinsic validity of contracts affecting property:
It commences at the precise moment of the marriage. Any i. Not situated in the Philippines executed in the
stipulations to the contrary shall be VOID. country where property is located
ii. Situated in a foreign country whose laws requires
However, the Parties may jointly file a verified petition with the different formalities for extrinsic validity entered into in the
court for the voluntary dissolution of the absolute community or Philippines
the conjugal partnership of gains, and for the separation of their c. Contrary stipulations
common properties during their marriage. (Article 136 of the
Family Code of the Philippines) MODIFICATIONS IN MARRIAGE SETTLEMENTS:
GENERAL RULE: Must be made before the marriage, in writing,
MARRIAGE SETTLEMENT signed by parties
- a contract entered into by the future spouses fixing the
property regime that will govern their present and future properties EXCEPT:
during their marriage. In the absence of MS or when regime agreed 1. In case of revival of former property regime between reconciling
upon is void, ACP shall govern. spouses after decree of legal separation has been issued
2. When abandoned spouse files petition for judicial separation of
REQUISITES: property under Art. 128
a. Made BEFORE celebration of the marriage 3. When a spose files petition for judicial separation of property for
b. in WRITING (even modifications) sufficient case under Art. 135
c. SIGNED by parties 4. Petition for voluntary dissolution of property regime under Art.
d. Will NOT PREJUDICE 3rd persons unless registered in the 136
civil registry and proper registries of property
e. Shall FIX TERMS AND CONDITIONS of their property
relations What if the couple decides to modify their valid and
f. Must NOT CONTAIN PROVISIONS CONTRARY to law, good existing marriage settlement after the celebration of their
morals, good customs, public order and public policy or against the marriage?
dignity of either spouse
g. ADDITIONAL signatories/parties
Likewise, any modifications to the marriage settlement must be
What happens if the marriage ceremony is called off? done prior to the celebration of the marriage, for the modifications
A marriage settlement, including any donations by reason of marriage to be valid. Any later, after the celebration of the marriage, would
(donations propter nuptias, which will be discussed later in Part 5), is render the modification to the marriage settlement as void and it
rendered void if the marriage does not take place. An exception to this would not be applied to the marriage settlement. (Article 76 of
rule are those stipulations that do not depend on the celebration of the Family Code of the Philippines)
the marriages, such as the recognition of an illegitimate child.

Post-marriage modification of marriage settlements can take place
only where:
(a) The absolute community or conjugal partnership was dissolved
and liquidated upon a decree of legal separation;
(b) The spouses who were legally separated reconciled and agreed
to revive their former property regime;
(c) Judicial separation of property had been had on the ground that
a spouse abandons the other without just cause or fails to comply
with his obligations to the family;2
(d) There was judicial separation of property under Article 135; or
(e) The spouses jointly filed a petition for the voluntary dissolution
of their absolute community or conjugal partnership of gains.
Is there a need for the marriage settlement executed by
the Parties be registered in a specific government agency?
No, there is no need for the Parties to register the marriage
settlement in a specific government agency. Because the marriage
settlement is between the Parties, it is valid because it is in the
nature of a contract. Obligations arising from contracts have the
force of law between the contracting parties and should be
complied with in good faith. (Article 1159 of the New Civil
Code of the Philippines)
However, the marriage settlement shall not prejudice third persons
unless they are registered in the local civil registry where the
marriage contract is recorded as well as in the proper registries of
properties. (Article 77 of the Family Code of the Philippines)
Can the spouses mutually agree to dissolve their conjugal
partnership?
Yes. The husband and the wife may agree upon the dissolution of
the conjugal partnership during marriage, subject to judicial
approval. All the creditors of the husband and of the wife, well as
of the conjugal partnership, shall be notified of any petition for
judicial approval of the voluntary dissolution of the conjugal
partnership, so that any such creditors may appear at the hearing
to safeguard his interests. Upon approval of the petition for
dissolution of the conjugal partnership, the court shall take such
measures as may protect the creditors and other third
persons. (Article 191 of the New Civil Code of the
Philippines)
What are the instances that a spouse may ask for judicial
separation, as stated under Article 135?
Under Article 135, a spouse may petition the court for judicial
separation of property in case of the following instances below:
a) That the spouse of the petitioner has been sentenced to a
penalty which carries with it civil interdiction;
b) That the spouse of the petitioner had been judicially declared
an absentee;
c) That loss of parental authority of the spouse of the petitioner
has been decreed by the court;
d) That the spouse of the petitioner has abandoned the latter or
failed to comply with his or her obligations to the family as
provided for in Article 101;
e) That the spouse granted the power of administration in the
marriage settlement has abused that power;
f) That at the time of the petition, the spouses have been
separated in fact for at least one year and reconciliation is highly
improbable
What are the different kinds of property regimes in the
Philippines?
There are three kinds of property regimes which are recognized by
the laws of the Philippines:
1. Regime of Absolute Community of Property
2. Regime of Conjugal Partnership of Gains
3. Regime of Complete Separation of Properties
SYSTEM OF PROPERTY REGIME:
A. ABSOLUTE COMMUNITY PROPERTY (ACP)
- The property regime of the spouses in the absence of a
marriage settlement or when the marriage settlement is void.
Absolute Community of Property.
In the Regime of Absolute Community of Property, the husband
and the wife become co-owners of all the properties that they
bring into the marriage and those acquired by either or both of
them during the course of their marriage, save for some
exceptions. (Article 90 of the Family Code of the Philippines)
The administration and enjoyment of the community property shall
belong to both the spouses jointly. (Article 96 of the Family
Code)
Neither spouse may donate any community property without the
consent of the other. (Article 98 of the Family Code)
The Regime of the Absolute Community of Property is the default
property regime that would govern the property relations of a
couple who had not executed a marriage settlement prior to their
marriage.
GENERAL RULE: Community property shall consist of all property
owned by the spouses at the time of the marriage or acquired
thereafter.
EXCEPT:
1. Property, including fruits and income thereof, acquired BEFORE
the marriage by either spouse who has legitimate descendants by
a former marriage
2. Property for personal and EXCLUSIVE use except jewelry
3. Property acquired during the marriage by GRATUITUS title,
including fruits and income thereof, except when the donor,
testator or grantor expressly provides otherwise.
What properties are excluded from the community
property?
(1) Property acquired during the marriage by gratuitous title (by
donation and by testate/intestate succession) 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.
Can a spouse waive his/her share in the community
property during marriage?
No. Except in case of judicial separation of property, any waiver of
rights, shares and effects of the absolute community of property
during the marriage can be made.
What are the charges and obligations of the absolute
community?
The absolute community of property shall be liable for:
(1) The support of the spouses, their common children, and shall be considered as advances to be deducted from the share of
legitimate children of either spouse; however, the support of the debtor-spouse upon liquidation of the community; and
illegitimate children shall be governed by the provisions of
the Family Code on Support; (10) Expenses of litigation between the spouses unless the suit is
found to be groundless.
(2) All debts and obligations contracted during the marriage by the
designated administrator-spouse for the benefit of the community, If the community property is insufficient to cover the foregoing
or by both spouses, or by one spouse with the consent of the liabilities, except those falling under paragraph (9), the spouses
other; shall be solidarily liable for the unpaid balance with their separate
properties.
(3) Debts and obligations contracted by either spouse without the
consent of the other to the extent that the family may have been If a spouse incurs gambling loses in a casino, can he/she
benefited; charge the amount to the community property?

(4) All taxes, liens, charges and expenses, including major or minor No. Whatever may be lost during the marriage in any game of
repairs, upon the community property; chance, betting, sweepstakes, or any other kind of gambling,
whether permitted or prohibited by law, shall be borne by the loser
(5) All taxes and expenses for mere preservation made during and shall not be charged to the community but any winnings
marriage upon the separate property of either spouse used by the therefrom shall form part of the community property.
family;
Who administers and enjoys the community property?
(6) Expenses to enable either spouse to commence or complete a
professional or vocational course, or other activity for self- Both spouses jointly enjoy the administration and enjoyment of the
improvement; community property. In case of disagreement, however, the
husbands decision shall prevail, subject to recourse to the court by
(7) Ante-nuptial debts (debts contracted before the marriage) of the wife for proper remedy, which must be availed of within five
either spouse insofar as they have redounded to the benefit of the years from the date of the contract implementing such decision. In
family; the event that one spouse is incapacitated or otherwise unable to
participate in the administration of the common properties, the
(8) The value of what is donated or promised by both spouses in other spouse may assume sole powers of administration.
favor of their common legitimate children for the exclusive purpose
of commencing or completing a professional or vocational course These powers do not include disposition or encumbrance without
or other activity for self-improvement; authority of the court or the written consent of the other spouse. In
the absence of such authority or consent, the disposition or
(9) Ante-nuptial debts of either spouse other than those falling encumbrance shall be void. However, the transaction shall be
under No. 7 above, the support of illegitimate children of either construed as a continuing offer on the part of the consenting
spouse, and liabilities incurred by either spouse by reason of a spouse and the third person, and may be perfected as a binding
crime or a quasi-delict, in case of absence or insufficiency of the contract upon the acceptance by the other spouse or authorization
exclusive property of the debtor-spouse, the payment of which
by the court before the offer is withdrawn by either or both encumber any specific separate property of the other spouse and
offerors. use the fruits or proceeds thereof to satisfy the latters share.

What is the rule on disposition of properties of the Is separation de facto different from abandonment?
spouses?
Yes. In a separation de facto, the spouses may still be complying
Either spouse may dispose by will of his or her interest in the with their duty to support each other and their children. The rule in
community property. This is possible because the will takes effect case of abandonment is provided below.
only upon the death. However, neither spouse may donate any
community property without the consent of the other. However, What if a spouse abandons the other?
either spouse may, without the consent of the other, make
moderate donations from the community property for charity or on If a spouse without just cause abandons the other or fails to
occasions of family rejoicing or family distress. comply with his or her obligations to the family (obligations to the
family refer to marital, parental or property relations), the
When is the absolute community terminated? aggrieved spouse may petition the court for receivership, for
judicial separation of property or for authority to be the sole
(1) Upon the death of either spouse; administrator of the absolute community, subject to such
(2) When there is a decree of legal separation; precautionary conditions as the court may impose.
(3) When the marriage is annulled or declared void; or
(4) In case of judicial separation of property during the marriage. A spouse is deemed to have abandoned the other when her or she
has left the conjugal dwelling without intention of returning. The
What happens if the spouses separate in fact? spouse who has left the conjugal dwelling for a period of three
months or has failed within the same period to give any
The separation in fact or separation de facto (as opposed to legal information as to his or her whereabouts shall be prima
separation), between husband and wife shall not affect the regime facie presumed to have no intention of returning to the conjugal
of absolute community, except that: dwelling.

(1) The spouse who leaves the conjugal home or refuses to live What is the procedure after the dissolution of the absolute
therein, without just cause, shall not have the right to be community regime?
supported;
(1) An inventory shall be prepared, listing separately all the
(2) When the consent of one spouse to any transaction of the other properties of the absolute community and the exclusive properties
is required by law, judicial authorization shall be obtained in a of each spouse.
summary proceeding;
(2) The debts and obligations of the absolute community shall be
(3) In the absence of sufficient community property, the separate paid out of its assets. In case of insufficiency of said assets, the
property of both spouses shall be solidarily liable for the support of spouses shall be solidarily liable for the unpaid balance with their
the family. The spouse present shall, upon proper petition in a separate properties in accordance with the provisions of the
summary proceeding, be given judicial authority to administer or second paragraph of Article 94 of the Family Code.
(3) Whatever remains of the exclusive properties of the spouses If the procedure on liquidation, as outlined above, is not followed:
shall thereafter be delivered to each of them. (a) any disposition or encumbrance involving community property
by the surviving spouse shall be void; and (b) any subsequent
(4) The net remainder of the properties of the absolute community marriage shall be governed by the mandatory regime of complete
shall constitute its net assets, which shall be divided equally separation of property.
between husband and wife, unless a different proportion or division
was agreed upon in the marriage settlements, or unless there has B. CONJUGAL PARTNERSHIP OF GAINS
been a voluntary waiver of such share provided in the Family Code. - It is formed by a husband and wife whereby they place in a
For purpose of computing the net profits subject to forfeiture in common fund the proceeds, products, fruits and income of their
separate properties and those acquired by either or both spouses
accordance with Articles 43, No. (2) and 63, No. (2), the said profits
through their efforts by chance, the same to be divided between
shall be the increase in value between the market value of the them equally upon the dissolution of the marriage or partnership.
community property at the time of the celebration of the marriage
and the market value at the time of its dissolution.
Conjugal Partnership.
(5) The presumptive legitimes of the common children shall be
delivered upon partition, in accordance with Article 51 of In Regime of Conjugal Partnership of Gains, the husband and the
the Family Code. wife retain ownership over their respective properties. The Parties
place in a common fund the proceeds, products, fruits and income
(6) Unless otherwise agreed upon by the parties, in the partition of from their separate properties and those acquired by either or both
the properties, the conjugal dwelling and the lot on which it is spouses through their efforts or by chance. Upon dissolution of the
situated shall be adjudicated to the spouse with whom the majority marriage or of the partnership, the net gains or benefits obtained
of the common children choose to remain. Children below the age by either or both spouses shall be divided equally between them,
of seven years are deemed to have chosen the mother, unless the unless otherwise stated in the marriage settlements. (Article 106
court has decided otherwise. In case there in no such majority, the of the Family Code of the Philippines)
court shall decide, taking into consideration the best interests of
said children. The administration and enjoyment of the conjugal partnership shall
belong to both spouses jointly. (Article 124 of the Family Code
If a spouse dies, how is the community property liquidated? of the Philippines)

Upon the termination of the marriage by death, the community Neither spouse may donate any conjugal partnership property
property shall be liquidated in the same proceeding for the without the consent of the other. (Article 125 of the Family
settlement of the estate of the deceased. If no judicial settlement Code of the Philippines)
proceeding is instituted, the surviving spouse shall liquidate the
community property either judicially or extra-judicially within six
months from the death of the deceased spouse.
What is the conjugal partnership responsible for?
What happens if the foregoing procedure in the
immediately preceding paragraph is not carried out? The conjugal partnership shall be liable for:
a) The support of the spouse, their common children and the
legitimate children of either spouse; however, the support of the
illegitimate children shall be governed by the provisions on this
Code on Support;
b) All debts and obligations contracted during the marriage by
the designated administrator-spouse for the benefit of the conjugal
partnership of gains, or by both spouses, or by one of them with
the consent of the other;
c) Debts and obligations contracted by either spouse without
the consent of the other to the extent that the family may have
benefited;
d) All taxes, liens, charges and expenses, including major and
minor repairs upon the conjugal partnership property;
e) All taxes and expenses for mere preservation made during
the marriage upon the separate property of either spouse;
f) Expenses to enable either spouse to commence or complete
a professional, vocational or other activity for self-improvement;
g) Antenuptial debts of either spouse insofar as they have
redounded to the benefit of the family;
h) The value of what is donated or promised by both spouses in
favor of their common legitimate children for the exclusive purpose As a rule, yes, but only if not in what is expressly provided in the
of commencing or completing a professional or vocational or other pertinent provisions of the Family Code or by the spouses in their
activity for self-improvement, and
i) Expenses of litigation between the spouses unless the suit is
found to be groundless.
If the conjugal partnership is insufficient to cover the foregoing
liabilities, the spouses shall be solidarily liable for the unpaid
balance with their separate properties.
In what instances shall the regime of CPG apply?
It applies only when the future spouses agree to it in the marriage
settlement, if any. It also applies to conjugal partnerships of gains
already established between spouses before the effectivity of
the Family Code, without prejudice to vested rights. This is the
default property relationship under the Civil Code, which was
changed to that of absolute community of property under
the Family Code.
When does the CPG begin?
It begins at the precise moment when the marriage is celebrated,
exactly like in absolute community of property.
Can a spouse waive his/her share in the community
property during marriage?
No. Except in case of judicial separation of property, any waiver of
rights, shares and effects of the absolute community of property
during the marriage can be made.
Are the rules on ordinary partnership applicable to the
conjugal partnership of gains?
marriage settlements.
What are 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 (through pure liberality, as in donation and testate/intestate
succession);
(3) That which is acquired by right of redemption, by barter or by (5) Those acquired through occupation such as fishing or hunting;
exchange with property belonging to only one of the spouses; and
(6) Livestock existing upon the dissolution of the partnership in
(4) That which is purchased with exclusive money of the wife or of excess of the number of each kind brought to the marriage by
the husband. either spouse; and

What is the significance of having an exclusive property? (7) Those which are acquired by chance, such as winnings from
gambling or betting. However, losses therefrom shall be borne
The spouses retain the ownership, possession, administration and exclusively by the loser-spouse.
enjoyment of their exclusive properties. A spouse may also
mortgage, encumber, alienate or otherwise dispose of his or her What is the presumption regarding properties acquired
exclusive property, without the consent of the other spouse, and during marriage?
appear alone in court to litigate with regard to the same.
All property acquired during the marriage, whether the acquisition
Either spouse may, during the marriage, transfer the appears to have been made, contracted or registered in the name
administration of his or her exclusive property to the other by of one or both spouses, is presumed to be conjugal unless the
means of a public instrument, which shall be recorded in the contrary is proved.
registry of property of the place the property is located. However,
the alienation of any exclusive property of a spouse administered What is the rule in case of purchase by installment?
by the other automatically terminates the administration over such
property and the proceeds of the alienation shall be turned over to Property bought on installments paid partly from exclusive funds of
the owner-spouse. either or both spouses and partly from conjugal funds belongs to
the buyer or buyers if full ownership was vested before the
What properties belong to the conjugal partnership? marriage and to the conjugal partnership if such ownership was
vested during the marriage. In either case, any amount advanced
(1) Those acquired by onerous title during the marriage at the by the partnership or by either or both spouses shall be
expense of the common fund, whether the acquisition be for the reimbursed by the owner or owners upon liquidation of the
partnership, or for only one of the spouses; partnership.

(2) Those obtained from the labor, industry, work or profession of What is the rule in case a spouse has a credit payable to
either or both of the spouses; him over time?

(3) The fruits, natural, industrial, or civil, due or received during the Whenever an amount or credit payable within a period of time
marriage from the common property, as well as the net fruits from belongs to one of the spouses, the sums which may be collected
the exclusive property of each spouse; during the marriage in partial payments or by installments on the
principal shall be the exclusive property of the spouse. However,
(4) The share of either spouse in the hidden treasure which the law interests falling due during the marriage on the principal shall
awards to the finder or owner of the property where the treasure is belong to the conjugal partnership.
found;
What is the rule if improvements are made on that (2) All debts and obligations contracted during the marriage by the
exclusive property using conjugal funds or through the acts designated administrator-spouse for the benefit of the conjugal
or efforts of either or both spouses? partnership of gains, or by both spouses or by one of them with the
consent of the other;
The ownership of improvements, whether for utility or adornment,
made on the separate property of the spouses at the expense of (3) Debts and obligations contracted by either spouse without the
the partnership or through the acts or efforts of either or both consent of the other to the extent that the family may have
spouses shall pertain to the conjugal partnership, or to the original benefited;
owner-spouse, subject to the following rules:
(4) All taxes, liens, charges, and expenses, including major or
1. When the cost of the improvement made by the conjugal minor repairs upon the conjugal partnership property;
partnership and any resulting increase in value are MORE than the
value of the property at the time of the improvement, the entire (5) All taxes and expenses for mere preservation made during the
property of one of the spouses shall belong to the conjugal marriage upon the separate property of either spouse;
partnership.
(6) Expenses to enable either spouse to commence or complete a
2. When the cost of the improvement made by the conjugal professional, vocational, or other activity for self-improvement;
partnership and any resulting increase in value are LESS than the
value of the property at the time of the improvement, the entire (7) Ante-nuptial debts of either spouse insofar as they have
property shall remain with the owner-spouse. redounded to the benefit of the family;

3. In either case, the owner-spouse or the conjugal partnership, as (8) The value of what is donated or promised by both spouses in
the case may be, is entitled to reimbursement for the value of the favor of their common legitimate children for the exclusive purpose
principal property or the improvement, as the case may be. of commencing or completing a professional or vocational course
or other activity for self-improvement; and
4. It doesnt matter if the improvements are for utility or
adornment. (9) Expenses of litigation between the spouses unless the suit is
found to groundless.
What are the charges upon and obligations of the conjugal
partnership? If the conjugal partnership is insufficient to cover the foregoing
liabilities, the spouses shall be solidarily liable for the unpaid
The conjugal partnership shall be liable for: balance with their separate properties.

(1) The support of the spouse, their common children, and the What are the rules concerning personal debts contracted
legitimate children of either spouse; however, the support of before or during the marriage?
illegitimate children shall be governed by the provisions of the
Family Code on Support; 1. As a rule, the payment of personal debts contracted by the
husband or the wife before or during the marriage shall not be
charged to the conjugal partnership properties.
2. However, these debts shall be charged to the conjugal In the event that one spouse is incapacitated or otherwise unable
partnership properties insofar as they redounded to the benefit of to participate in the administration of the conjugal properties, the
the family. other spouse may assume sole powers of administration. These
powers do not include disposition or encumbrance without
3. If the spouse has no exclusive property, it may be charged to authority of the court or the written consent of the other spouse. In
the conjugal partnership, subject to the provisions below. the absence of such authority or consent, the disposition or
encumbrance shall be void. However, the transaction shall be
What are the rules concerning fines and pecuniary construed as a continuing offer on the part of the consenting
indemnities imposed on each spouse? spouse and the third person, and may be perfected as a binding
contract upon the acceptance by the other spouse or authorization
These cannot be charged to the partnership. However, the by the court before the offer is withdrawn by either or both
payment of personal debts contracted by either spouse before the offerors.
marriage, that of fines and indemnities imposed upon them, as
well as the support of illegitimate children of either spouse, may be Can either spouse make donations of conjugal partnership
enforced against the partnership assets after the property?
charges/obligations enumerated in above have been covered, if
the spouse who is bound should have no exclusive property or if it As a rule, neither spouse may donate any conjugal partnership
should be insufficient; but at the time of the liquidation of the property without the consent of the other. However, either spouse
partnership, such spouse shall be charged for what has been paid may, without the consent of the other, make moderate donations
for the purpose above-mentioned. from the conjugal partnership property for charity or on occasions
of family rejoicing or family distress.
What is the rule in case of winnings or losses in gambling?
When does the conjugal partnership terminate?
Any loss incurred by a spouse during the marriage in any game of
chance or in betting, sweepstakes, or any other kind of gambling (1) Upon the death of either spouse;
whether permitted or prohibited by law, shall be borne by that
spouse, and shall not be charged to the conjugal partnership. Any (2) When there is a decree of legal separation;
winnings, on the other hand, shall form part of the conjugal
partnership property. (3) When the marriage is annulled or declared void; or

Who has the authority to administer the conjugal (4) In case of judicial separation of property during the marriage.
partnership property?
Does the separation in fact or de facto separation between
The administration and enjoyment of the conjugal partnership shall the spouses affect the conjugal partnership?
belong to both spouses jointly. In case of disagreement, the
husbands decision shall prevail, subject to recourse to the court by No. However, the following are the effects:
the wife for proper remedy, which must be availed of within five
years from the date of the contract implementing such decision.
(1) The spouse who leaves the conjugal home or refuses to live (1) An inventory shall be prepared, listing separately all the
therein, without just cause, shall not have the right to be properties of the conjugal partnership and the exclusive properties
supported; of each spouse.

(2) When the consent of one spouse to any transaction of the other (2) Amounts advanced by the conjugal partnership in payment of
is required by law, judicial authorization shall be obtained in a personal debts and obligations of either spouse shall be credited to
summary proceeding; the conjugal partnership as an asset thereof.

(3) In the absence of sufficient conjugal partnership property, the
separate property of both spouses shall be solidarily liable for the
support of the family. The spouse present shall, upon petition in a
summary proceeding, be given judicial authority to administer or
encumber any specific separate property of the other spouse and
use the fruits or proceeds thereof to satisfy the latters share.
What is the rule if a spouse abandons the other?
If a spouse without just cause abandons the other or fails to
comply with his or her obligation to the family (referring to marital,
parental or property relations), the aggrieved spouse may petition
the court for receivership, for judicial separation of property, or for
authority to be the sole administrator of the conjugal partnership
property, subject to such precautionary conditions as the court
may impose.
A spouse is deemed to have abandoned the other when he or she
has left the conjugal dwelling without intention of returning. The
spouse who has left the conjugal dwelling for a period of three
months or has failed within the same period to give any
information as to his or her whereabouts shall be prima facie
presumed to have no intention of returning to the conjugal
dwelling.
(3) Each spouse shall be reimbursed for the use of his or her
exclusive funds in the acquisition of property or for the value of his
or her exclusive property, the ownership of which has been vested
by law in the conjugal partnership.
(4) The debts and obligations of the conjugal partnership shall be
paid out of the conjugal assets. In case of insufficiency of said
assets, the spouses shall be solidarily liable for the unpaid balance
with their separate properties.
(5) Whatever remains of the exclusive properties of the spouses
shall thereafter be delivered to each of them.
(6) Unless the owner had been indemnified from whatever source,
the loss or deterioration of movables used for the benefit of the
family, belonging to either spouse, even due to fortuitous event,
shall be paid to said spouse from the conjugal funds, if any.
(7) The net remainder of the conjugal partnership properties shall
constitute the profits, which shall be divided equally between
husband and wife, unless a different proportion or division was
agreed upon in the marriage settlements or unless there has been
a voluntary waiver or forfeiture of such share as provided in this
Family Code.

What is the applicable procedure in the event of dissolution (8) The presumptive legitimes of the common children shall be
of the conjugal partnership regime? delivered upon partition.

The following procedure shall apply: (9) In the partition of the properties, the conjugal dwelling and the
lot on which it is situated shall, unless otherwise agreed upon by
the parties, be adjudicated to the spouse with whom the majority
of the common children choose to remain. Children below the age spouse shall belong all the earnings from his or her profession,
of seven years are deemed to have chosen the mother, unless the business or industry and all fruits, natural, industrial or civil, due or
court has decided otherwise. In case there is no such majority, the received during the marriage from his or her separate
court shall decide, taking into consideration the best interests of property. (Article 145 of the Family Code of the Philippines)
said children.
The Parties are free to manage their respective properties without
If a spouse dies, how is the conjugal partnership interference from the other spouse. Likewise, the Parties are also
liquidated? free to donate without interference of the other.

Upon the termination of the marriage by death, the conjugal EXAMPLES OF REGIMES:
partnership property shall be liquidated in the same proceeding for
the settlement of the estate of the deceased. If no judicial I am a single father who has 3 children and owns a house
settlement proceeding is instituted, the surviving spouse shall and lot and a gas station. I recently married my new wife
liquidate the conjugal partnership property either judicially or without executing a marriage settlement. What will happen
extra-judicially within six months from the death of the deceased to my properties?
spouse.
The house and lot as well as the gas station would be excluded
What happens if the foregoing procedure in the from the community property.
immediately preceding paragraph is not carried out?
This is because, properties acquired before the marriage by either
If the procedure on liquidation, as outlined above, is not followed: spouse who has legitimate descendants by a former marriage, and
(a) any disposition or encumbrance involving conjugal partnership the fruits as well as the income, if any, of such properties, are
property by the surviving spouse shall be void; and (b) any deemed excluded from the community properties. (Article 92(3)
subsequent marriage shall be governed by the mandatory regime of the Family Code of the Philippines)
of complete separation of property.

How is support charged during the liquidation?
From the common mass of property support shall be given to the
surviving spouse and to the children during the liquidation of the
inventoried property and until what belongs to them is delivered;
but from this shall be deducted that amount received for support
which exceeds the fruits or rents pertaining to them.
C . Complete Separation of Properties.
In the Regime of Complete Separation of Properties, each spouse
shall own, dispose of, possess, administer and enjoy his or her own
separate estate, without need of the consent of the other. To each
In our marriage settlement, my husband and I elected to
have Conjugal Partnerships of Gains as the property regime
that would govern our property relations in our marriage.
Which properties would belong to me exclusively?
Each spouse would retain the ownership, possession,
administration, and enjoyment of their exclusive
properties. (Article 110 of the Family Code of the Philippines)
The following are the exclusive properties of each spouse:
1. Those properties that each spouse had brought to the
marriage as their own;
2. Those properties which had been acquired by the spouses
during the marriage by gratuitous title;
 3. Those properties which had been acquired by right of
redemption, by barter or by exchange with property
belonging to only one of the spouses; and
4. Those properties which had been purchased with the
exclusive money of the spouse.
(Article 109 of the Family Code of the Philippines)
My husband and I did not execute a marriage settlement.
After our wedding, my brother donated a condo to me
alone. To whom would the condo belong?
The condo would belong to you alone. Property acquired during
marriage by gratuitous title by either spouse is deemed executed
from the community property. (Article 92 (1) of the Family
Code of the Philippines)
What about the debts of my husband incurred from
gambling, if we have no marriage settlement?
You will not be liable for the debts of your husband incurred from
gambling. Whatever your husband lost during your marriage in any
game of chance or in betting, sweepstakes, or any other kind of
gambling whether permitted or prohibited by law, shall be borne
by him and shall not be charged to the properties owned in
common. (Article 95 of the Family Code of the Philippines)
I recently found out that my husband had taken out a huge
loan. Will our conjugal properties be liable for his loan,
despite the fact I had no knowledge of it nor was a party?
No. The conjugal property should not be liable to the personal loan
taken out by your husband. The payment of personal debts
contracted by the husband or the wife before or during the
marriage shall not be charged to the conjugal properties
partnership except insofar as they redounded to the benefit of the
family. (Article 122 of the Family Code of the Philippines)
What if the loan was used for the construction of our
house?
If the loan was taken out for the construction of the family house,
the conjugal properties may be liable, despite the fact that you had
no knowledge of the loan. (Article 122 of the Family Code of
the Philippines)
What happens if my husband had no other property or
money apart from our conjugal property?
If your husband had no other property or money apart from the
conjugal property, the debt or the fine may be applied to your
conjugal property.
The payment of personal debts contracted by either spouse before
the marriage, that of fines and indemnities imposed upon them, as
well as the support of illegitimate children of either spouse, may be
enforced against the partnership assets after the responsibilities
enumerated in the preceding Article have been covered, if the
spouse who is bound should have no exclusive property or if it
should be insufficient; but at the time of the liquidation of the
partnership, such spouse shall be charged for what has been paid
for the purpose above-mentioned.
My fianc had recently been imprisoned and one of his
penalties is civil interdiction. Can we still execute a
marriage settlement?
Yes. However, the guardian, who would be appointed by the court,
of the party suffering from civil interdiction shall be made a party
to the written marriage settlement. (Article 79 of the Family
Code of the Philippines)
I had recently reconciled with my husband. However, we
had been legally separated for about 10 years now. Are we
allowed to revive the property regime that was subsisting
during our marriage, despite the fact that we had been
legally separated?
Yes. You can revive the property regime that was in existence
during your marriage as your situation falls under one of the cases
that a post-marriage modification may take place, specifically,
The spouses who were legally separated reconciled and agreed to
revive their former property regime.
My partner and I had been living for some time without the
benefit of marriage and we had acquired a house and lot
for our family. What property regime would govern our
properties?
When parties who are capacitated to contract marriage live
together as man and wife without the benefit of marriage or under
a void marriage, they are deemed as co-owners in the equal share
of their wages, salaries and properties. (Article 147 of the
Family Code of the Philippines)
I had been living with my girlfriend for 5 years and I am
the sole breadwinner. Does she have any share in my
income despite the fact we are not married?
Yes. Under the law, the care and maintenance expressed by your
girlfriend towards you, your family and your home are deemed as
her contribution to the union between both of you.
In absence of proof to the contrary, properties acquired while they
lived together shall be presumed to have been obtained by their
joint efforts, work or industry, and shall be owned by them in equal
shares. (Article 147 of the Family Code of the Philippines)
My marriage to my ex-husband had been recently declared
by the courts as void. What will happen to our properties
acquired during the time of cohabitation?
According to Article 147 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, their wages and salaries shall be owned by them in
equal shares and the property acquired by both of them through
their work or industry shall be governed by the rules on co-
ownership.
In absence of proof to the contrary, properties acquired while they
lived together shall be presumed to have been obtained by their
joint efforts, work or industry, and shall be owned by them in equal
shares. For purposes of this Article, a party who did not participate
in the acquisition by the other party of any property shall be
deemed to have contributed jointly in the acquisition thereof in the
formers efforts consisted in the care and maintenance of the
family and the household. xxx
This particular kind of co-ownership applies when a man and a
woman, suffering no legal impediment to marry each other, so
exclusively live together as husband and wife under a void
marriage or without the benefit of marriage. Under this property
regime, property acquired by both spouses through their work and
industry shall be governed by the rules on equal co-ownership. Any
property acquired during the union is prima facie presumed to
have been obtained through their joint efforts. A party who did not
participate in the acquisition of the property shall be considered as
having contributed thereto jointly if said partys efforts consisted
in the care and maintenance of the family household. Unlike the
conjugal partnership of gains, the fruits of the couples separate
property are not included in the co-ownership. (Valdez vs. RTC,
Branch 102, Quezon City, G.R. No. 122749, 31 July 1996)
What if my husband knew all along that our marriage was
void, what will happen to our properties?
The share of the party who is in bad faith shall be forfeited in favor
of the common children. However, if the union produced no
children or if the common children or their descendants waive their
right to their respective share, the properties shall belong to
you. (Article 147 of the Family Code of the Philippines)