A Regime of Conjugal Partnership of Gains

In the previous post, it was discussed that the future spouses may agree on what regime of property that would govern on their property.  The agreement must be stipulated in the marriage settlement or in the prenuptial agreement.  In the absence of any such settlement, the property of the future spouses shall be governed by the regime of absolute community.

Granting that the future spouses would consider to have a regime of CONJUGAL PARTNERSHIP OF GAINS, this post is a must read.

What is a regime of conjugal partnership of gains?

Under this regime, 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 settlement.

In this regime, the spouses shall have their own separate property.  What shall be owned by the spouses in common are only those PROCEEDS, PRODUCTS, FRUITS AND INCOME from their separate properties and those acquired by either or both spouses.

What is the difference between absolute community of property and the conjugal partnership of gains?

In the absolute community of property, what shall be owned in common are the entire properties of the future spouses subject to the limitations provided by law.

In conjugal partnership of gains, the future spouses shall have retained their own respective separate properties.  What shall be owned in common are only those mentioned above.

What are the exclusive property of each spouse?

The following shall be 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;

3.  That which is acquired by right of redemption by barter or by exchange with property belonging to only one of the spouses; and

4.  That which is purchased with exclusive money of the wife or of the husband.

To whom the regime of conjugal partnership of gains shall apply?

It shall apply to future spouses who have agreed in the marriage settlement that the regime of conjugal partnership of gains shall govern their property relations during the marriage.

It shall also apply to conjugal partnership of gains already established between spouses before the effectivity of the Family Code of the Philippines.  The Family Code took effect on August 3, 1988.

Who shall own the exclusive property of the spouses?

The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties.

Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of public instrument, which shall be recorded in the registry of property of the place where the property is located.

Can a spouse mortgage, encumber, alienate or dispose his/her own exclusive property without the consent of the other spouse?

Yes.  A spouse may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, WITHOUT THE CONSENT of the other spouse, and appear alone in court to litigate with regard to the same.

Source:  The Family Code of the Philippines



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