Philippine Property Regimes

(Exclusive and Common Properties)

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A recent survey just came out and guess what? Filipinos are 3rd most ignorant in key issues of the nation. Wow, rank 3rd as ignorant. Not only on national key issues Filipinos are ignorant but also in so many ways. Since I do not want ignorance to spread. I hope in this post of mine you can learn something as this is facts and not fiction. This is a property regime that someday when you get married will somewhat governs your property relations. In this post, I hope you will learn what are the exclusive and common properties under each property regime. If you haven't read the previous post about the meaning and concept of these regimes then better read it first here.

Conjugal Partnership of Gains

This property regime is applicable to spouses that are married before Aug. 3, 1988 and has no any pre-nuptial agreement.

The following are considered exclusive properties of each spouse:

1. Properties brought to marriage as his/her own.
2. Properties acquired during marriage though gratuitous transfer.
3. Properties acquired by redemption or exchange with other properties belonging only to one of the spouses.
4. Properties purchased by an exclusive money of any of the spouses

All others are considered Conjugal Properties.
_{*Gratuitous transfer are those properties transferred without any sum or consideration in exchange. It is either done through donation or inheritance.}

Absolute Community of Property

This property regime applies to those who are married after Aug. 3, 1988 and has no pre-nuptial agreement.

The following are considered exclusive properties of each spouse:

1. Properties acquired during marriage through gratuitous transfer, including the fruits of such donated property.
2. Properties that are personal and for exclusive use of either spouses.
3. Properties acquired before marriage by either spouse who has legitimate descendants by former marriage, including the fruits of such property are exclusive.
4. Properties acquired by purchase with an exclusive property is generally considered exclusive.

All others considered community/common property.
_{*Jewelry is considered as a common property though personal property in nature.}

Basic Summary

Property	Conjugal Partnership	Absolute Community
Property brought into the marriage	Exlusive	Community
Fruits/ income during marriage from exclusive properties	Conjugal	Exclusive
Property received as donation during marriage ( gratuitous transfer)	Exclusive	Exclusive
Property acquired during marriage or Onerous transfer (other than gratuitous transfer)	Conjugal	Community
Fruits/ income derived from common properties	Conjugal	Community

There are many similarities between conjugal and community property regimes. They are similar in many ways but to easily understand the major differences between the two let us further analyze it.

The major difference between the two are:

1. Properties owned by both spouses before marriage that they brought into their marriage.

In my last post, I discussed the meaning and concepts of property regimes. Remember that in conjugal partnership of gains, the regime focuses mainly on the gains/income during marriage. So when it comes to properties they owned before marriage that they had brought into marriage such properties in Conjugal Partnership of Gains are Exclusive.

The rule is:

"What is yours before marriage is yours, what is mine before marriage is mine. What we earned during marriage is ours"

Let us assume this made up Example: Benigno married Cory before Aug. 3, 1988. Benigno is just a poor guy, a TraPo for short. The girl she married is a "haciendera" (landlady) of a large sugar cane plantation, for short she's super rich. When they both marry they didn't have a pre-nuptial agreement so conjugal partnership of gains took effect for their property relations. They live a happy life until one day Benigno was shot through the head by an unknown gunman in an airport and died instantly. Benigno live as a poor guy, married, and died a poor guy. You know why he's a poor guy when he die? It is because their properties that they brought into marriage are exclusive properties of either spouse.
That means that Benigno's properties are not mixed/combined with Cory's property. The properties he owned before being married are his still his own properties until he die.

But when it comes to Absolute Community of Property such properties are Common/Communal.

The rule is:

"What is yours before marriage is ours, what is mine before marriage is ours. What we earned during marriage is ours"

Let us assume again this made up example: Benigno and Cory had a daughter. Her name is Krissy. She is a rich girl because she is a daughter of a "haciendera" and she's a TV actress. While watching basketball, Krissy suddenly found her true love named James. Luckily, James also had a feeling with Krissy. James is just a poor basketball player. He is poor in comparison with Krissy. James had only 100 Million Pesos in his name while Krissy had 700 Million Pesos. Since they both love each other, on Aug. 3 1990, they marry each other without any pre-nuptial agreement. Since they don't have a pre-nuptial agreement and they are married after Aug. 3, 1988, the absolute community of property regime applies. After a lovely happy life a sudden break-up happened. They started quarreling against each other so they proceeded with a judicial court action for separation. The court give them what they want. This poor James suddenly became rich overnight. Do you know why? His 100M and Krissy's 700M are combined since its an absolute community of property and when they separated the total 800 Million Pesos is divided equally between the two. So James got 400 Million Pesos.

2. Fruits/ income during marriage from exclusive properties

Properties received by either spouse during marriage through gratuitous transfer like donation, inheritance, and the likes are always exclusive may they be under conjugal or community.Unless the donor or grantor wishes such transfer to be a common property of the spouses. Properties also that are acquired through exclusive property of each spouse is also generally exclusive.

Absolute Community of Property

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Rule: Whatever the tree shall also be the fruit (kung ano ang puno ay siya ring bunga).

If the property is exclusive then the fruits are exclusive.

If the property is common then the fruits are common.

Conjugal Partnership of Gains

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Rule: The fruits will not always be the same with the tree (kung ano ang puno ay iba ang bunga).

If the property is exclusive then the fruits are conjugal

If the property is conjugal/common then the fruits are conjugal.

This are the things that differentiate conjugal and community property regimes. If you know this two then you already know everything because this two are somewhat makes the two different.

The Regime of Complete Separation of Properties are mainly governed of what has been agreed upon by both parties. It may be partial or total separation of properties. The thing that can determine if such property is exclusive or common depend upon the agreement. All other thing not in the agreement will be subject to absolute community of property since 1988 is already past due.

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1. If you are a Gold Digger and wanna marry a rich person. Make sure that both of his/her parents are already dead. If they are alive and you married their son or daughter, you gold digger will have no rights/share over the inheritance of your spouse from his/her parents when they die. Since gratuitous transfer are always exclusive unless provided to be common.

2. If you are a Gold Digger and gonna marry a rich person make sure that such rich person does not have any legitimate heir or child from former marriage. It is because the law protects the interest of a child, from former marriage, that he will not be deprive of his rights. When he/she has a child from former marriage, his/her properties are exclusive even when brought into marriage as such property has already been reserved to the child of former marriage and you will have no share over such property.

3.If you are a Gold Digger always hypnotize always your future rich spouse to not create any pre-nuptial agreement but to settle only to absolute community of property.

4.If you are a Gold Digger always remember that donations between husband and wife are void. So therefore you cannot circumvent the law.

5. To easily memorize the two property regimes, always remember the story of Benigno and Corry, and the love story of Kriss and James.

6. Don't be a Gold Digger.

Source: Family Code of the Philippines

PS: If you have any questions or violent reactions then please comment. Feel free to comment cause it is free.

Your Lovely Accountant Steemian