Different Property Regimes | Property Relations Between the Spouses | Marriage | FAMILY CODE

Here is a thorough and meticulous overview of property relations between spouses under the Family Code, with particular focus on the distinct property regimes available to married couples. In the Philippines, property relations between spouses are governed by law but can also be influenced by marital agreements or contracts. This area of family law covers the different property regimes under which spouses may govern their property rights during marriage.

Property Relations Between Spouses: An Overview

Upon marriage, spouses in the Philippines are subjected to a default property regime, but they also have the option to choose an alternative regime before marriage through a prenuptial agreement. The Family Code of the Philippines, particularly Articles 74 to 145, establishes the rules for the various property regimes available to married couples. These include:

  1. Absolute Community of Property (ACP)
  2. Conjugal Partnership of Gains (CPG)
  3. Complete Separation of Property (CSP)
  4. Other Regimes by Agreement

1. Absolute Community of Property (ACP)

Definition: Under the Absolute Community of Property regime, all properties owned by each spouse before the marriage and those acquired thereafter are considered community property and, thus, jointly owned.

  • Default Regime: ACP is the default property regime under the Family Code of the Philippines for marriages celebrated on or after August 3, 1988, where there is no prenuptial agreement.

  • Composition of Absolute Community:

    • Property Included:
      • All properties owned by each spouse before the marriage.
      • All properties acquired by either or both spouses during the marriage.
    • Property Excluded (Articles 92):
      • Properties acquired by gratuitous title (i.e., through donation, inheritance) by either spouse, if specified as exclusive property.
      • Properties for personal or exclusive use of each spouse (except jewelry).
      • Properties acquired before the marriage by either spouse who has legitimate descendants by a former marriage.
  • Management: Both spouses jointly manage community property. However, either spouse can act alone in cases of urgent necessity, such as selling or disposing of assets.

  • Dissolution: Upon dissolution (death, annulment, or legal separation), community property is divided equally between the spouses or their heirs.

2. Conjugal Partnership of Gains (CPG)

Definition: Under the Conjugal Partnership of Gains regime, each spouse retains ownership of property owned prior to marriage. Only the profits or gains acquired during the marriage are shared equally.

  • Scope:

    • Separate Properties:
      • Properties acquired by either spouse before marriage remain separate.
      • Properties acquired by gratuitous title (e.g., inheritance) are also considered separate.
    • Conjugal Partnership Properties:
      • Profits and gains obtained during the marriage from the spouses' work, industry, or business.
      • Fruits (i.e., income) of separate properties are included in the partnership assets.
  • Management: The administration of conjugal properties is vested in both spouses jointly. However, certain transactions, like the sale of conjugal property, require both spouses' consent.

  • Dissolution: The partnership dissolves upon death, annulment, or legal separation. The net gains acquired during the marriage are split equally, after settling obligations and liabilities.

3. Complete Separation of Property (CSP)

Definition: Under a Complete Separation of Property regime, each spouse retains ownership, management, and disposition rights over all individual properties, including properties acquired before and during the marriage.

  • Establishment: CSP can only be adopted if agreed upon in a prenuptial agreement, signed before marriage. A CSP regime may also be judicially decreed during the marriage under specific conditions outlined in Article 135 of the Family Code (such as one spouse’s failure to support the family).

  • Characteristics:

    • Both spouses have exclusive ownership over their respective properties.
    • There is no sharing or pooling of income, gains, or assets.
    • Each spouse individually bears the responsibilities and liabilities related to their respective properties.
  • Management: Each spouse has complete control over their property without the need for spousal consent.

  • Dissolution: Since there is no community or conjugal property under this regime, dissolution involves no asset-sharing, as each spouse maintains their individual assets.

4. Other Property Regimes by Agreement

The Family Code allows spouses to stipulate a different property regime or make specific modifications through a prenuptial agreement. Couples may agree on a hybrid property arrangement tailored to their preferences and needs.

  • Custom Arrangements:

    • Spouses may combine elements from ACP, CPG, or CSP.
    • They can specify particular properties as community property while maintaining separate ownership of others.
    • The agreement must be in writing, signed before the marriage, and notarized.
  • Limitations:

    • Prenuptial agreements must not violate the Family Code or public policy.
    • Terms should not be unjust or promote inequity between the spouses.
    • Prenuptial agreements may be invalidated if coercion or fraud was involved in obtaining the spouse's consent.

Modification of Property Relations During Marriage

The Family Code provides for situations where spouses can modify their property regime during marriage. For instance, in cases of judicial separation of property (Article 134), one spouse may petition the court for separation if:

  • The other spouse has abandoned the petitioner.
  • One spouse has been declared absent.
  • There has been a court-approved separation of properties in a judicial proceeding, due to incapacity to support the family.

Upon judicial separation, each spouse administers and retains control over their respective properties.

Key Considerations

  1. Debts and Liabilities:

    • Under ACP, debts incurred by either spouse are obligations of the community property, unless explicitly incurred for personal purposes.
    • Under CPG, obligations incurred for the family benefit are conjugal liabilities.
    • Under CSP, each spouse bears sole responsibility for their respective debts.
  2. Succession and Inheritance:

    • Upon death, property regimes affect inheritance rights, particularly in ACP and CPG, where assets are shared.
    • The surviving spouse in ACP receives half of the community property, with the other half going to heirs.
    • The surviving spouse in CPG also receives half of the conjugal assets as inheritance.
  3. Prenuptial Agreement Requirements:

    • To establish a regime other than ACP, couples must draft a notarized prenuptial agreement before marriage.
    • Modifications to the regime require compliance with public policy and fairness considerations.

Legal Consequences for Failure to Comply

A prenuptial agreement that fails to meet the requirements set forth by the Family Code is void. In the absence of a valid prenuptial agreement, the default ACP regime applies. Furthermore, any transaction that contravenes the rules of the chosen property regime may be annulled or declared void.

Conclusion

The Family Code offers spouses flexibility in determining property relations, but each regime comes with distinct rights, obligations, and procedural requirements. Couples are advised to carefully consider their choices and, if desired, formalize a regime through a legally sound prenuptial agreement.