Property Regime of Unions Without Marriage | Property Relations Between the Spouses | Marriage | FAMILY CODE

In Philippine civil law, particularly under the Family Code, the property regime for couples in a union without marriage is significant. Unions without marriage encompass relationships where a man and a woman live together as husband and wife without being legally married, which are sometimes referred to as common-law partnerships. In these relationships, the couple’s property relations are governed by certain rules that are different from those of legally married couples.

Here is a detailed overview of the property relations regime for unions without marriage as per the Family Code of the Philippines:

1. Definition and Applicability

• Article 147 and Article 148 of the Family Code govern property relations between individuals living together as husband and wife without a marriage that is valid under Philippine law.
• These articles apply only to heterosexual relationships, as the Family Code does not currently recognize same-sex unions.
• Article 147 applies if both parties are not legally disqualified to marry each other. Conversely, Article 148 applies if one or both parties have legal impediments to marry, such as if one of them is already married to another person.

2. Article 147: Property Relations When There is No Legal Impediment to Marry

Scope of Application

• Article 147 applies when both partners are capacitated to marry each other but do not do so.
• The couple must live together as husband and wife, with a shared understanding akin to a marital union, though without a formal marriage.

Rules for Property Relations

• Co-ownership: Properties acquired by both partners through their work or industry during the cohabitation are governed by a regime of co-ownership.
• Equal Shares: Both partners are presumed to have equal shares in properties acquired during the cohabitation, unless there is evidence to prove that one party contributed more, in which case the distribution may be proportional to the contribution.
• Exclusive Property: Properties acquired by each partner before the union remain their respective exclusive properties. Likewise, if either partner receives property during cohabitation through inheritance, donation, or gratuitous transfer, it is not part of the co-owned properties.
• Expenses and Maintenance: Both partners are responsible for the expenses of the household according to their respective capacities and income.

Termination of the Co-ownership

• Upon the termination of the cohabitation, the co-owned properties are divided equally between the partners, unless a different proportion has been clearly established.
• If one of the partners has a legal impediment to marry, such as a pre-existing marriage, the rules under Article 148 will instead apply, as discussed below.

3. Article 148: Property Relations When There is a Legal Impediment to Marry

Scope of Application

• Article 148 applies if one or both of the partners have a legal impediment to marry each other (e.g., if one partner is already married to someone else).
• This regime aims to limit the property rights of the union without marriage to avoid complications in property ownership, especially in cases where the legal spouse of a married person might have concurrent claims.

Rules for Property Relations

• Contribution-based Sharing: Properties acquired by the couple during the cohabitation are only co-owned in proportion to each partner’s actual contributions. If one partner did not contribute financially or through other means to acquire a property, that property cannot be claimed by them.
• Proof of Contribution: For properties acquired jointly during cohabitation, each partner must present clear proof of their contribution. Without documented proof of contribution, the property is presumed to belong to the partner who funded it.
• Limitation on Co-ownership: Article 148 restricts co-ownership rights more stringently than Article 147 to protect the interests of any legal spouse and legitimate family members from any claims by the non-legal partner in the union.
• Exclusive Properties: Just as with Article 147, properties acquired before the cohabitation or through gratuitous transfers during cohabitation remain the exclusive properties of each partner.

Disposition of Property upon Termination of Cohabitation

• If the cohabitation ends, only properties that can be proven as jointly acquired (based on contribution) are subject to division.
• There is no presumption of equal sharing under Article 148, unlike in Article 147.
• Exclusive properties remain with their respective owners and are not subject to claims by the other partner in the union.

4. Rights of Children in Unions Without Marriage

• Legitimacy and Inheritance: Children born out of unions without marriage are considered illegitimate under the law, as the parents were not legally married. However, illegitimate children are still entitled to support and inheritance rights from their biological parents.
• Support: Both parents are obligated to provide support to their children, regardless of the legal status of their union.
• Succession Rights: Illegitimate children are entitled to receive inheritance from their parents, though the amount is typically half of what a legitimate child would receive.

5. Limitations and Legal Considerations

• No Presumption of Marriage: Even if a man and a woman cohabit for an extended period, no presumption of marriage arises in Philippine law unless a legal marriage is duly solemnized and registered.
• Distinction from Void Marriages: Unions under Article 147 and Article 148 should not be confused with void marriages (those considered null from the beginning). In void marriages, property relations are governed by the rules on co-ownership or actual contribution, depending on the circumstances.
• Judicial Recourse: If disputes arise over property acquired during cohabitation, either partner may seek judicial intervention to determine proper contributions and to effectuate an equitable division of co-owned properties.

6. Important Case Law Interpretations

• Case Law on Contribution and Proof Requirements: Philippine jurisprudence emphasizes the importance of documented contributions in cases falling under Article 148. Courts require evidence of contribution to establish co-ownership.
• Case Law on Equal Share Presumption: The Supreme Court of the Philippines has upheld the presumption of equal shares under Article 147, reinforcing that partners not legally disqualified to marry are entitled to an equitable share of co-acquired property unless proven otherwise.

7. Practical Implications for Common-law Partners

• Common-law partners should maintain records of any contributions made toward acquiring property during cohabitation, especially when a legal impediment to marriage exists.
• They may also consider drafting a cohabitation agreement to clarify property rights, especially for significant assets, although such agreements must not infringe upon the rights of any legal spouses or heirs under Philippine law.
• Awareness of children’s rights and obligations of support is critical, as these responsibilities remain irrespective of the parents' marital status.

8. Conclusion

• The property regime for unions without marriage in the Philippines provides a structured approach to protect the rights of both partners and any children born from the union while respecting the legal rights of any existing spouses in cases where legal impediments exist.
• Both Article 147 and Article 148 impose clear guidelines on property ownership and division, with distinctions based on the absence or presence of legal impediments to marry.
• This regime ensures equitable distribution for both parties, balancing fairness for the common-law partners while safeguarding the rights of legitimate families and upholding public policy favoring legal marriage.

Rules Common to Both Absolute Community of Property and Conjugal Partnership of Gains | Property Relations Between the Spouses | Marriage | FAMILY CODE

Here is a meticulous breakdown of Philippine Civil Law provisions under CIVIL LAW > III. FAMILY CODE > A. Marriage > 7. Property Relations Between the Spouses > d. Rules Common to Both Absolute Community of Property and Conjugal Partnership of Gains. These rules pertain to the regulation of property relations between spouses and encompass fundamental aspects common to both the Absolute Community of Property (ACP) and the Conjugal Partnership of Gains (CPG) under the Family Code of the Philippines.

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I. General Rules on Property Relations Between Spouses

Under the Family Code, property relations between spouses are governed either by:

1. Absolute Community of Property (ACP) – the default regime if there is no marriage settlement.
2. Conjugal Partnership of Gains (CPG) – applies if spouses have agreed upon this regime through a marriage settlement before marriage.

Both regimes include a common set of rules that apply regardless of the specific arrangement.

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II. Rules Common to Both Absolute Community of Property and Conjugal Partnership of Gains

1. Scope of Applicability (Article 88 and Article 117)

• The provisions on ACP and CPG apply to all marriages celebrated under the Family Code.
• Property regimes cover all properties acquired by either spouse during the marriage unless otherwise provided by law or stated in a marriage settlement.

2. Property Not Subject to Forfeiture (Article 133)

• Both ACP and CPG are protected by a general prohibition on transferring or donating common properties or partnership assets without the consent of the other spouse.
• Violation of this rule results in the invalidity of the unauthorized disposition or donation.

3. Consent in Property Transactions (Article 96 and Article 124)

• Article 96 (for ACP) and Article 124 (for CPG) require mutual consent of both spouses for disposing, encumbering, or administering common property.
• In the absence of such consent, a court authorization is necessary.
• Exception: The managing spouse can act alone in matters of necessity or benefit of the family but must report to the other spouse afterward.

4. Right to Challenge a Property Transfer or Donation (Article 89)

• Under both property regimes, a spouse has the right to nullify or question transfers or donations of community property made without their consent.
• Courts may declare such acts void if it is proven they were made without the knowledge or approval of the other spouse.

5. Liabilities Incurred in Benefit of the Family (Article 94 and Article 121)

• Debts or obligations incurred by either spouse for the benefit of the family bind the ACP or CPG.
• Examples include loans for family housing or education.
• Obligations incurred by one spouse not in furtherance of the family’s welfare are considered separate debts of that spouse.

6. Rights and Responsibilities to Third Parties (Article 95 and Article 122)

• Both ACP and CPG are answerable to obligations contracted by either spouse with third parties for family expenses and other household needs.
• Both regimes prohibit one spouse from binding the other in personal contracts or loans not meant for the family, except with consent or legal necessity.

7. Mutual Waiver of Wages and Incomes (Article 94 and Article 116)

• The income or wages of each spouse is commonly pooled into either ACP or CPG and shared equally, regardless of who earns more.
• Separate or exclusive earnings by either spouse are applied to family needs unless explicitly declared in a marriage settlement.

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III. Termination of Property Regime (Articles 99 and 126)

• Absolute Community of Property and Conjugal Partnership of Gains are terminated upon the occurrence of certain conditions, such as:
  • Death of either spouse
  • Legal separation or annulment of marriage
  • Judicial separation of property

After termination, the property is divided according to the specific regime under which it was governed. The ACP or CPG ceases, and the net assets or gains are divided based on applicable provisions.

1. Liquidation of Assets (Articles 102 and 129)

• Following the termination, the liquidation process for ACP or CPG begins, where liabilities and advances made by each spouse are settled before dividing the remaining assets.
• For debts and liabilities of the community or partnership, each spouse's contributions are accounted for, and any balance or reimbursement is granted accordingly.

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IV. Judicial Partition and Settlement (Articles 101 and 130)

• Both ACP and CPG are partitioned judicially if the spouses fail to agree on the division.
• Judicial partition includes determining the spouse’s share in the community or partnership, settling debts, and distributing net assets.

1. Summary Judicial Process

• A summary process is available for spouses in instances of unilateral separation of property.
• A court intervention is only required if one spouse contests the partition or liquidation plan.

2. Estate Administration During Separation (Article 134)

• In case of legal separation, the court may appoint an administrator to manage the properties pending final liquidation.

3. Mandatory Support Provisions for Children (Articles 203 and 204)

• Regardless of the termination of ACP or CPG, both spouses retain an obligation to support their children.
• Support claims have precedence over any claims for partition or reimbursement between the spouses.

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V. Rights of Children and Other Legitimate Dependents

• Support obligations toward legitimate and illegitimate children or dependents must be satisfied out of the ACP or CPG assets.
• Special protection applies to minor children, ensuring their rights are protected even amid property regime alterations.

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VI. Reversion of Exclusive Property (Articles 92 and 117)

• Exclusive property of each spouse remains separate and is not subject to ACP or CPG unless expressly stated otherwise.
• Exclusive assets include properties acquired before marriage, properties acquired through inheritance, and personal gifts.

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VII. Summary of Key Prohibitions and Permissible Actions

• Prohibitions:

  • Unauthorized donations, transfers, or disposal of community/partnership property.
  • Personal loans or obligations of one spouse affecting the family’s assets without valid reason.

• Permissible Actions:

  • Consent-based transactions, necessary expenditures for the family’s welfare, and loans or contracts benefiting the family.
  • Voluntary reimbursement arrangements, provided they do not infringe on family welfare or children’s support.

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These provisions under Philippine law govern the intricate dynamics between spouses in managing property during marriage, ensuring equitable rights, mutual obligations, and the protection of the family's welfare and children’s needs.

Complete Separation of Property Regime or Judicial Separation of Property | Different Property Regimes | Property Relations Between the Spouses | Marriage | FAMILY CODE

Complete Separation of Property Regime or Judicial Separation of Property: An Overview

In Philippine law, the property relations between spouses can take various forms, one of which is the Complete Separation of Property Regime. This regime is laid out in the Family Code of the Philippines and can either be agreed upon before marriage (via marriage settlements) or mandated by a court through judicial separation of property. This regime is distinct because it allows each spouse to own, control, and manage their own property independently from the other.

1. Legal Basis

The Complete Separation of Property Regime is governed by the following articles in the Family Code of the Philippines:

• Article 135 to Article 148 (for provisions on Complete Separation of Property)
• Articles 134, 136-137, and 138-143 (for the Judicial Separation of Property)

These provisions outline when and how the complete separation of property can be initiated, implemented, and dissolved.

2. Modes of Establishing Complete Separation of Property

There are two main ways to establish a complete separation of property between spouses:

1. Through a Marriage Settlement – Before marriage, spouses may agree in a prenuptial contract or marriage settlement to adopt a regime of complete separation of property. This contract must comply with the general requirements of contracts under the Civil Code.

2. Through Judicial Separation of Property – In certain circumstances, a court may decree a separation of property even if the spouses initially chose another property regime, such as the Absolute Community of Property or Conjugal Partnership of Gains.

3. Judicial Separation of Property: Grounds and Procedure

A judicial separation of property can be petitioned by either spouse under the following conditions, as provided by Article 135 of the Family Code:

• Grounds for Judicial Separation of Property:

  • Abandonment of one spouse by the other without just cause.
  • Failure of one spouse to fulfill family support obligations.
  • Loss of parental authority.
  • Judicial declaration of absence.
  • Civil interdiction of one spouse.
  • Spouse is judicially declared bankrupt or insolvent.
  • Substantial financial loss due to imprudent financial management.

• Procedure:

  • The spouse seeking separation must file a petition with the appropriate Family Court.
  • Both parties are summoned, and a hearing is held to determine the validity of the grounds.
  • Upon approval, the court issues a Decree of Judicial Separation of Property.

4. Effects of the Complete Separation of Property Regime

• Management of Property: Each spouse exclusively owns, manages, and administers their separate property without the need for consent or participation of the other. Each spouse can freely acquire, sell, lease, mortgage, or dispose of their properties.

• Ownership and Control of Property: Under this regime, there is a clear delineation between the properties owned by each spouse, allowing full autonomy over their individual assets and liabilities. Debts incurred by one spouse are their sole responsibility and do not affect the other spouse’s assets.

• Liabilities and Obligations: The liabilities and obligations acquired by each spouse are their personal obligations, thus preventing creditors of one spouse from attaching the other spouse’s property, except in cases where both spouses signed as co-obligors.

5. Family Home and Support

• Family Home: If the spouses have a family home, it remains exempt from execution, forced sale, or attachment as provided under the Family Code, unless otherwise agreed upon in a judicial settlement.

• Support Obligations: Despite the separation of property, both spouses remain responsible for family support in proportion to their income and wealth as per Articles 68 and 70 of the Family Code. This ensures that basic needs such as housing, food, education, and healthcare for the family are met.

6. Dissolution of Complete Separation of Property

Complete separation of property can be dissolved in two main scenarios:

1. Termination through Court Order: Either spouse can file a petition to revert to the original regime (if they were previously in a community property or conjugal regime) under certain conditions, such as reconciliation following a separation. This requires another court order and adherence to due process.

2. Reconciliation of Spouses: If spouses reconcile, the separation of property regime can end upon agreement, allowing them to choose a new property regime subject to the requirements of judicial confirmation.

7. Advantages and Disadvantages of Complete Separation of Property

• Advantages:

  • Ensures financial independence and autonomy.
  • Protects individual property from the other spouse’s debts.
  • Useful in cases where one or both spouses have substantial personal assets or businesses.

• Disadvantages:

  • Can complicate issues of family support and division of assets upon dissolution.
  • May be seen as lacking unity in marriage by some, potentially leading to conflicts regarding family obligations.
  • Complexity in terms of maintaining separate financial records for each spouse.

8. Relevance to Marital and Financial Planning

For couples who prioritize financial independence or for those with substantial pre-marital assets or business interests, this regime can provide protection and clarity. It is advisable to seek expert legal assistance when drafting a marriage settlement to avoid future disputes and ensure compliance with the law.

9. Implementation and Record-Keeping

Spouses under a complete separation of property regime are encouraged to maintain detailed records of their respective assets and liabilities, particularly in cases of acquisitions, sales, and any debts incurred during the marriage. This documentation is essential to avoid disputes and simplify proceedings if separation, annulment, or dissolution occurs.

Conclusion

The Complete Separation of Property Regime provides spouses with an option for financial independence within marriage, protecting individual ownership rights and establishing clear boundaries for obligations and liabilities. The judicial separation of property serves as an essential remedy under certain grounds, ensuring that either spouse can protect their assets from undue risk. However, careful consideration, expert legal guidance, and comprehensive record-keeping are vital in executing and maintaining this regime effectively within the bounds of Philippine law.

Conjugal Partnership of Gains Regime | Different Property Regimes | Property Relations Between the Spouses | Marriage | FAMILY CODE

Under Philippine law, the Conjugal Partnership of Gains (CPG) regime is a property regime that governs the property relations between spouses who choose it as their marital property arrangement, or those who were married without a prenuptial agreement before the effectivity of the Family Code on August 3, 1988, under specific circumstances.

This regime's legal foundation is found in the Family Code of the Philippines (Executive Order No. 209, as amended), specifically in Articles 105 to 134.

1. Definition and Characteristics

The Conjugal Partnership of Gains regime mandates that each spouse retains ownership of their individual or exclusive property (known as "separate property"), while the partnership is established exclusively to share in the "net gains" of the property acquired during the marriage. Upon dissolution of the marriage (by death, annulment, or legal separation), the net gains are equally divided between the spouses.

2. Exclusive Property of Each Spouse (Article 109)

The following are considered the exclusive property of each spouse under this regime:

• Property Owned Before Marriage: Properties already owned by each spouse before the marriage remain theirs exclusively.
• Property Acquired Gratuitously During Marriage: Property acquired by each spouse by inheritance, donation, or other gratuitous title during the marriage is also exclusive.
• Personal or Strictly Private Use: Articles of personal and strictly private use, except jewelry, belong solely to the spouse who uses them.
• Property for Career or Occupation: Property acquired before or during the marriage by each spouse for their profession or occupation, such as tools of trade, are exclusive.
• Exchange of Exclusive Property: Properties acquired in exchange for or with proceeds of exclusive properties retain their exclusive character.

3. Conjugal Property (Article 117)

Conjugal property, distinct from exclusive property, includes properties acquired during the marriage by either or both spouses, except those excluded as exclusive property by law or by express stipulation.

The following are considered conjugal property:

• Property Acquired by Both or Either Spouse During Marriage: Any property acquired during the marriage by both or either spouse.
• Income from Exclusive Property: Income, fruits, and interest accrued during the marriage from exclusive property.
• Properties Acquired by Chance: Any properties acquired by chance, like winnings from gambling or lotteries.
• Businesses and Investments: All gains or income derived from any businesses or investments made during the marriage, even if initiated with exclusive funds.

4. Administration of Conjugal Partnership (Article 124)

Both spouses are generally expected to jointly manage the conjugal property. However, specific guidelines are in place for managing these assets:

• Equal Authority: Both spouses have joint authority over conjugal property, ensuring they act for the family’s welfare.
• Exclusive Right with Consent: Each spouse may exclusively administer their own exclusive property, but if the property will affect conjugal interests, consent from the other spouse is required.
• Void Acts without Consent: Any act of administration or disposition by one spouse without the consent of the other, where such consent is legally required, is void.

5. Dissolution of the Conjugal Partnership of Gains (Article 126-134)

The Conjugal Partnership of Gains regime terminates upon the occurrence of certain events:

• Death of Either Spouse: The partnership terminates, and the net gains are divided equally.
• Legal Separation: Upon judicial decree of legal separation, the partnership is dissolved and assets are partitioned.
• Annulment or Declaration of Nullity: If the marriage is annulled or declared void, the regime ends, and the partition of assets proceeds under the Family Code's provisions.

Liquidation Process (Article 129): Upon dissolution, a liquidation of assets is conducted as follows:

1. Inventory: A complete inventory of conjugal properties and obligations is conducted.
2. Payment of Debts and Obligations: Conjugal debts and obligations are settled from the conjugal assets.
3. Return of Exclusive Property: Each spouse’s exclusive property is returned, along with reimbursement for any contributions made to conjugal property.
4. Division of Net Gains: The net gains (conjugal property remaining after debts and obligations are paid) are divided equally.

6. Conjugal Debts and Liabilities (Article 121)

Under the Conjugal Partnership of Gains, conjugal debts and liabilities are obligations incurred for the benefit of the family. They may include:

• Necessaries: Debts incurred for the family’s essential needs and living expenses.
• Support: Expenses for the support, education, and maintenance of children from the marriage.
• Professional or Business-related Obligations: Obligations related to any business or profession conducted by the spouses.
• Taxes and Property Maintenance: Taxes or obligations incurred for the preservation of conjugal properties.

7. Reimbursement of Expenses (Article 120)

A spouse who uses their exclusive funds to benefit the conjugal partnership or the other spouse’s exclusive property may claim reimbursement for these expenses, which can be settled upon liquidation of the conjugal partnership assets.

8. Dissolution Due to Mismanagement or Abandonment (Article 129)

When one spouse mismanages the conjugal assets or abandons the other, the innocent spouse may petition the court to dissolve the conjugal partnership of gains. Mismanagement includes actions that harm the conjugal assets, jeopardizing the financial stability of the family.

9. Advantages and Disadvantages of the Conjugal Partnership of Gains

• Advantages: Spouses share the gains of the marriage, ensuring joint benefit from mutual efforts. Each spouse retains exclusive rights over pre-marriage properties, inherited assets, and personal items.
• Disadvantages: Liability extends to conjugal property for debts incurred for the family’s benefit. The division upon dissolution can become complex and contentious, especially in determining conjugal contributions.

10. Judicial Precedents and Relevant Rulings

Various Supreme Court decisions elaborate on the interpretation of the Conjugal Partnership of Gains regime. Judicial rulings have clarified boundaries regarding conjugal and exclusive property, rules on administration, and conditions for reimbursement.

This meticulous understanding of the Conjugal Partnership of Gains regime underscores its complexities and the need for careful property and financial management within a marriage.

Absolute Community of Property Regime | Different Property Regimes | Property Relations Between the Spouses | Marriage | FAMILY CODE

The Absolute Community of Property (ACP) Regime under the Family Code of the Philippines is one of the default property relations between spouses unless they stipulate otherwise through a prenuptial agreement. Under the ACP, all properties owned by each spouse before the marriage, along with those acquired thereafter, are considered jointly owned by both spouses from the time of marriage. Below, I’ll provide a detailed examination of the ACP regime, covering its legal basis, composition, administration, liabilities, and termination.

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Legal Basis

The ACP is provided for under the Family Code of the Philippines, specifically in Articles 75 to 144, covering general provisions, properties included in the ACP, rules on administration, as well as grounds for the termination of this regime. By default, the ACP applies to couples married without a prenuptial agreement or those married under the Family Code’s regime.

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1. Properties Included in the Absolute Community of Property

Under the ACP, all properties owned by either spouse at the time of the marriage or acquired thereafter become common property unless otherwise excluded by law or prenuptial agreement.

A. Properties Included in the ACP

1. Properties Owned Prior to Marriage:

   • All properties owned by either spouse before the marriage are included in the ACP, even if they were individually acquired.
   • This includes real properties, personal properties, and other forms of assets.

2. Properties Acquired During the Marriage:

   • All properties acquired by either or both spouses during the marriage, including earnings, inheritances, and gifts (with certain exceptions noted below).

3. Income from Properties:

   • Income, fruits, and interest from properties owned by either spouse prior to the marriage are considered community property.

B. Exceptions: Properties Excluded from ACP

Certain properties are excluded from the ACP under Article 92 of the Family Code, such as:

1. Properties Acquired by Gratuitous Title (Inheritance or Donation):
   • Properties inherited or donated to one spouse alone remain his or her exclusive property if specified by the donor, testator, or grantor.
2. Personal Properties for Personal Use:
   • Clothes, personal items, and accessories, excluding luxury items, remain under personal ownership.
3. Property Acquired Before the Marriage with a Legitimate Condition:
   • If a property owned prior to marriage has a condition imposed by a third party (such as inheritance to specific heirs), it will not be part of the ACP.

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2. Administration of the Absolute Community of Property

The administration of the ACP is governed by Articles 96 to 98 of the Family Code.

1. Joint Administration:

   • Both spouses are co-administrators of the ACP. In cases where they disagree, the decision of the husband prevails, subject to recourse in court by the wife if she believes the decision is detrimental to the family.

2. Consent Requirement for Disposition of Community Property:

   • Neither spouse may dispose of, mortgage, encumber, or lease community property without the consent of the other.
   • Transactions undertaken without the other spouse’s consent may be void or voidable, depending on the circumstances.

3. Exceptional Administration Rights:

   • In cases where one spouse is incapacitated, absent, or cannot act, the other spouse may proceed with administration but must secure court authorization for certain transactions.

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3. Liabilities in the Absolute Community of Property

The ACP is liable for certain obligations, which can be classified into family, personal, and business-related liabilities. These are outlined in Articles 94 and 95 of the Family Code.

1. Family Expenses and Debts:

   • Expenses for the family’s basic needs, education, and support.
   • Debts and obligations incurred for the benefit of the community, including maintenance and medical expenses.

2. Expenses Related to the Acquisition of Properties:

   • Expenses related to properties acquired before and during the marriage that now belong to the ACP.

3. Personal Debts of a Spouse:

   • Debts and obligations incurred by one spouse before the marriage are generally his or her responsibility alone, not chargeable to the ACP.
   • Debts arising from one spouse’s separate and personal undertakings may also not be charged to the ACP unless they were for the family’s benefit or with the other spouse’s consent.

4. Liability for Criminal Penalties or Civil Liabilities:

   • If a spouse incurs a criminal penalty or civil liability from an act not benefiting the family, the community property shall not be liable for payment, unless consent from the other spouse or benefit to the family can be proven.

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4. Termination of the Absolute Community of Property

The ACP terminates in instances specified under Article 99, upon which liquidation of the assets will be done to determine each spouse's share.

Grounds for Termination:

1. Death of a Spouse:

   • The ACP terminates upon the death of a spouse, leading to liquidation and settlement of the estate.

2. Legal Separation:

   • In cases of legal separation, annulment, or nullity of marriage, the ACP regime ends, subject to property division and court ruling.

3. Judicial Separation of Property:

   • Either spouse may petition the court for separation of property for a valid reason, such as abandonment, judicial orders, or other circumstances that justify independent administration of the property.

4. Change to a Different Property Regime:

   • The spouses may agree to change their property regime, subject to judicial approval and proper justifications, such as for economic benefit or specific family needs.

Effect of Termination and Liquidation:

• Upon termination, all debts and obligations of the community are settled before dividing the net assets between the spouses.
• The remaining properties are divided equally between the spouses or heirs in cases of death, subject to legitimate claims or improvements brought to certain properties.

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5. Special Provisions

Special cases affect the ACP, such as cases of remarriage or separation, which are covered under Articles 125 to 144. Notably, remarriage may involve special rules for ACP, requiring liquidation of properties and protection of previous and current rights.

1. Effects of Remarriage on Property Relations:

   • A subsequent marriage must follow liquidation of prior ACP properties before entering into another ACP with a new spouse.

2. Protection of Family Home:

   • The family home is generally exempt from forced sale or foreclosure, protecting the welfare of minor children and other dependents.

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Conclusion

The ACP regime underscores the principle of shared ownership between spouses in the Philippines. It supports family unity and equitable sharing by pooling all properties into a common fund managed jointly. However, it also imposes specific limitations to protect individual and family interests, offering both structure and flexibility in managing family assets. Spouses can navigate their rights, responsibilities, and choices within this legal framework, with recourse to the court when disputes arise.

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.

Donation Propter Nuptias | Property Relations Between the Spouses | Marriage | FAMILY CODE

Donation Propter Nuptias (Donations by Reason of Marriage) Under Philippine Law

Overview

"Donation Propter Nuptias" refers to donations made by one spouse to the other, or by a third party to one or both spouses, in consideration of marriage or as an anticipation of the marriage. These donations play an essential role in defining property relations and obligations between spouses, especially under the Philippine Family Code.

Donations propter nuptias are legally distinct from typical donations due to their association with marriage, and they have specific rules for validity, acceptance, revocation, and effects on property ownership during and after marriage.

Relevant Provisions in the Family Code of the Philippines

1. Definition and Scope (Art. 82):

   • Donations propter nuptias are those given in consideration of marriage.
   • They may be made by both spouses to each other, or by a third party to one or both spouses.
   • These donations take effect upon marriage and are distinct from other donations due to the legal conditions attached to them.

2. Form and Validity (Art. 84):

   • Donations propter nuptias are considered formal contracts and require specific legal formalities for validity.
   • If the value of the donation exceeds PHP 5,000, it must be in writing to be legally binding.
   • For real property donations, these must be made in a public document and registered to bind third parties.
   • For personal property donations, the written form suffices if it meets the minimum amount threshold.

3. Acceptance Requirement (Art. 84):

   • The spouse or party receiving the donation must explicitly accept it in the same document, or in a separate public document, for the donation to be valid.
   • This requirement highlights the need for mutual consent and acknowledgment in relation to gifts in contemplation of marriage.

4. Revocability of Donations Propter Nuptias (Art. 86):

   • Donations propter nuptias may be revoked under certain conditions:
     • If the marriage does not take place.
     • If there is a subsequent legal separation between the spouses due to the fault of the donee.
     • If one of the spouses is found to have committed acts of serious dishonesty, grossly abusive behavior, or infidelity.
     • If the marriage is declared null and void, except when both spouses acted in good faith.
   • This revocation serves as a protection to the donor and ensures that donations tied to marriage are conditional upon the marital bond's integrity and longevity.

5. Legal Effects on Property Relations (Art. 87):

   • Donations between spouses made during the marriage are prohibited, except for moderate gifts on specific occasions like birthdays, anniversaries, or family celebrations. This prohibition aims to avoid undue influence or abuse of the spouse's legal entitlements.
   • Property donated propter nuptias becomes part of the exclusive property of the donee spouse unless stipulated otherwise.
   • However, these donations can affect the conjugal or community property if not explicitly declared as separate, potentially leading to complications during property division in the event of annulment or separation.

6. Limitation of Donations (Art. 87):

   • Donations between future spouses are subject to a limitation: only up to one-fifth of the donor’s current property can be donated. This restriction is intended to protect the donor from depleting assets excessively in contemplation of marriage, preserving family wealth and estate for future generations or other dependents.
   • The purpose of this limitation is to maintain a balance between generosity and financial responsibility, ensuring that the donor does not prejudice their own or their family’s financial well-being.

7. Exceptions for Third-Party Donations:

   • Unlike donations made directly between future spouses, third-party donations do not have the same strict limitations on the value.
   • These donations are often encouraged to strengthen the couple’s financial foundation and contribute to their welfare, whether as a gift of land, financial support, or movable property.
   • However, if a third party donates with specific conditions or for exclusive purposes, these terms must be adhered to, as they can impact the spouses' property relations and entitlements under the law.

Practical Considerations in Donation Propter Nuptias

• Protecting Donor Rights: Donors should document their intentions clearly, especially if donating real property, by registering the donation and ensuring legal clarity in terms and conditions.
• Acceptance and Acknowledgment: Donees must officially accept the donation in a manner that meets legal standards, as failure to do so invalidates the donation.
• Accounting for Property Relations: Spouses should be aware of how donations affect their respective property rights, whether they operate under an absolute community, conjugal partnership, or a separation of property regime.
• Compliance with Legal Limits: Donors must ensure compliance with the statutory one-fifth limitation if the donation is between the spouses, as this impacts the enforceability of the donation and may lead to potential disputes or legal actions if violated.

Key Takeaways

• Donation propter nuptias is conditional upon marriage and is governed by specific rules within the Family Code to prevent abuse, ensure fair treatment, and maintain property relations.
• Strict formalities are required for validity, particularly regarding written documentation and acceptance for donations exceeding PHP 5,000 or involving real property.
• Certain conditions allow for revocation, especially if the marriage does not proceed or if there is a legal separation due to a spouse's fault.
• Limitations exist on the amount donated between spouses to protect financial stability and prevent asset depletion.

Conclusion

Donation propter nuptias represents an important legal tool that addresses the unique context of marriage-related gifts. It provides a structured framework that balances the donor’s intentions, the donee’s rights, and the protection of both parties' assets under Philippine law. Spouses and third-party donors should be mindful of these regulations to ensure their donations are legally sound and that they fully understand the implications on property relations between spouses.

Ante-Nuptial Agreements or Marriage Settlements | Property Relations Between the Spouses | Marriage | FAMILY CODE

Under the Family Code of the Philippines, ante-nuptial agreements, also known as marriage settlements, are a vital mechanism for defining property relations between spouses before marriage. These agreements offer flexibility, allowing couples to determine how their property will be managed, owned, and divided. Here is an exhaustive explanation covering all essential aspects:

1. Legal Basis and Nature

• Article 74 of the Family Code: The Family Code mandates that future spouses may enter into a marriage settlement to fix their property relations. The Code allows couples to customize their property arrangements through an ante-nuptial agreement, provided it does not contravene law, morals, good customs, public order, or public policy.
• Objective: Marriage settlements primarily clarify the economic relationship between spouses, either by opting for the default regime of Absolute Community of Property (ACP) or choosing an alternative arrangement.

2. Key Features of Ante-Nuptial Agreements

• Flexibility in Property Regime: Couples may decide on various property regimes other than ACP, such as Conjugal Partnership of Gains (CPG), Complete Separation of Property (CSP), or others as long as they are compliant with legal requirements.
• Personalized Provisions: Ante-nuptial agreements can stipulate particular conditions on property ownership, liabilities, income management, and provisions for future children, subject to legal limits.
• Freedom of Stipulation: As per Article 1306 of the Civil Code, parties in a contract are free to stipulate anything as long as it is not contrary to law, morals, public policy, or public order.

3. Form and Registration

• Written Requirement: The agreement must be in writing, and notarization is required. It ensures that both parties knowingly and voluntarily entered the contract.
• Registration with the Local Civil Registry: For enforceability against third parties, the marriage settlement must be registered with the local civil registry where the marriage contract is registered. Without registration, the agreement binds only the spouses and not third parties.
• Recording with the Registry of Property: Any agreement involving immovable property should also be recorded in the Registry of Property to ensure that third parties are aware of the arrangement, enhancing its enforceability.

4. Timing of Execution

• The ante-nuptial agreement must be executed before the marriage. Property arrangements established after the marriage follow a different set of rules.
• Irrevocability upon Marriage: Once the marriage is celebrated, the ante-nuptial agreement generally becomes irrevocable, and the property relations outlined are in full effect. Changes require judicial intervention or mutual consent under specific conditions.

5. Applicable Property Regimes

• Absolute Community of Property (ACP):
  • Under ACP, all properties owned by the spouses prior to marriage, along with those acquired thereafter, become community property.
  • This is the default regime if no marriage settlement is executed.
• Conjugal Partnership of Gains (CPG):
  • Only properties acquired during the marriage become conjugal; each spouse retains ownership of their properties acquired before marriage.
  • The net gains from the joint properties are divided equally upon dissolution of the marriage.
• Complete Separation of Property (CSP):
  • Spouses agree to retain separate ownership of properties, both acquired before and during the marriage.
  • Each spouse retains full control, disposition, and enjoyment of their properties, including any income derived from them.
• Other Stipulated Arrangements:
  • As long as they do not violate Philippine laws, spouses may define their own unique property relations, including mixed regimes or any other arrangement that suits their needs.

6. Effect of the Ante-Nuptial Agreement on Succession and Family Rights

• Inheritance: An ante-nuptial agreement does not typically alter inheritance rights. Spouses and children retain their rights to inherit under the rules of intestate succession, although provisions within the agreement may influence certain rights indirectly.
• Family Home: The family home is generally exempt from division and claims under Article 152 of the Family Code. The agreement cannot remove or impair the right of the family to reside in the family home.
• Support Obligations: Obligations of mutual support are inherent in marriage and are not waivable by an ante-nuptial agreement.

7. Limits and Prohibitions

• Contrary to Law, Morals, and Public Policy: Agreements that attempt to waive certain statutory rights or obligations, such as support, are void.
• Limiting Inheritance Rights: Any provision that unfairly deprives a spouse or child of their legitime (reserved inheritance share) is void.
• Prospective Waiver of Marital Rights: Provisions waiving future rights to support or attempting to predetermine custody and support of future children are generally unenforceable.

8. Modifications Post-Marriage

• Mutual Consent with Judicial Approval: Post-marriage changes to the property relations require mutual consent, judicial approval, and typically occur only under serious justifying reasons, such as insolvency or incapacity.
• Court Supervision for Minor Changes: For instance, any agreed changes involving the family home or essential marital rights might require court supervision to ensure fairness and public policy adherence.

9. Effect on Third Parties

• Binding Nature with Registration: If properly registered, third parties are bound by the terms of the agreement. This protects creditors and others who deal with the spouses, ensuring transparency regarding the property relations.
• Liabilities and Credits: The regime chosen influences liabilities and how creditors may claim. For example, under CSP, only the spouse incurring the debt is responsible for it, whereas, under ACP, both spouses may be jointly liable.

10. Dissolution of the Marriage and the Ante-Nuptial Agreement

• Dissolution by Death or Annulment: Upon death, annulment, or legal separation, the ante-nuptial agreement’s terms determine the division of assets. Under ACP or CPG, property is divided equally, while in CSP, each retains their individual assets.
• Effect of Nullity or Void Marriages: If the marriage is declared void ab initio, the property relations revert to co-ownership, unless one or both spouses acted in bad faith.

11. Recognition and Enforcement of Foreign Ante-Nuptial Agreements

• Recognition of Foreign Settlements: If the couple enters into an ante-nuptial agreement abroad, the agreement may be recognized in the Philippines, provided it complies with Philippine law.
• Conflict of Laws: When foreign law is involved, the principle of lex loci celebrationis (law of the place of marriage) applies to the marriage's validity, but property relations must comply with Philippine law if the spouses reside or hold property in the Philippines.

12. Implications of Non-Existence of a Marriage Settlement

• Default to ACP: If the spouses do not execute a marriage settlement before the marriage, the property relations default to Absolute Community of Property.
• Application of Family Code Provisions: All legal rules on ACP apply, including co-ownership, joint management, and shared debts and liabilities.

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These provisions underscore the importance of careful planning and proper legal guidance when crafting ante-nuptial agreements. They protect individual and shared interests, allowing spouses to enter into a clear, mutually agreed-upon financial arrangement that respects their autonomy and marital rights.

Property Relations Between the Spouses | Marriage | FAMILY CODE

Here is a comprehensive overview of Property Relations between Spouses under Philippine Civil Law, with specific emphasis on the relevant provisions in the Family Code of the Philippines:

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I. Introduction

In the Philippines, property relations between spouses is governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended). This Code delineates the types of property regimes applicable to marriages, rights and obligations related to property ownership, and rules for management and division.

The applicable property regime depends on whether the spouses had entered into a marriage settlement (commonly a prenuptial agreement) before the marriage. In the absence of a marriage settlement, the default property regime is absolute community of property (ACP), unless otherwise provided by law or the agreement.

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II. Types of Property Regimes Between Spouses

1. Absolute Community of Property (ACP)

   • Scope: Under the Family Code, absolute community of property applies to marriages contracted after August 3, 1988, unless the spouses agree otherwise in a marriage settlement. This regime means that, upon marriage, almost all properties owned by either spouse at the time of marriage and acquired thereafter become part of a single community property.
   • Inclusions: The absolute community property comprises all properties owned by the spouses prior to marriage, and those acquired during the marriage, with some exceptions.
   • Exceptions: Properties acquired through gratuitous title (inheritance or donation, unless expressly given to both spouses) and properties for personal use (like clothing or tools of trade) are excluded.
   • Management and Administration: Both spouses are joint administrators, and both must consent to major decisions involving the community property.
   • Termination: The community property regime ends upon the death of a spouse, annulment, legal separation, or declaration of nullity of marriage. After dissolution, the community assets are divided equally between the spouses.

2. Conjugal Partnership of Gains (CPG)

   • Scope: This regime applies to marriages celebrated before the Family Code (i.e., before August 3, 1988) unless the spouses agreed to a different arrangement. For marriages after the Family Code, CPG applies only if chosen explicitly in a marriage settlement.
   • Inclusions: Conjugal property includes properties acquired during the marriage through the work or industry of either spouse and all income derived from common or separate properties.
   • Exclusions: Properties brought into the marriage by each spouse and those acquired gratuitously during the marriage remain separate.
   • Management and Administration: Similar to ACP, both spouses jointly administer the conjugal properties, requiring mutual consent for major transactions.
   • Termination and Dissolution: Upon the dissolution of marriage, the net gains (after settling all debts and obligations) are divided equally.

3. Complete Separation of Property

   • Scope: This regime applies if the spouses explicitly choose it in their marriage settlement. It is also decreed by a competent court, especially when necessary for the protection of creditors.
   • Effect on Property Ownership: Each spouse retains ownership, control, and administration of their properties, whether acquired before or during the marriage. Each spouse is also responsible for their own debts and obligations.
   • Termination and Dissolution: Upon dissolution of the marriage, each spouse takes their respective properties, with no sharing or division of assets acquired by the other spouse.

4. Property Regime by Marriage Settlement

   • Customizable Regime: Spouses may enter into a marriage settlement before the marriage to stipulate other arrangements, such as relative community or complete exclusion of certain properties from the conjugal or community assets.
   • Formalities: A marriage settlement must be executed before the marriage and in writing, and notarized for validity.

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III. Rules Governing the Different Property Regimes

1. Administration and Enjoyment of Property

• Absolute Community Property and Conjugal Partnership of Gains: Both spouses jointly administer the property and require mutual consent for significant actions (e.g., selling or encumbering real property).
• Separation of Property: Each spouse freely administers their separate property without needing the consent of the other.

2. Liabilities and Obligations of the Property Regime

• Absolute Community Property: Debts and obligations incurred by either spouse during the marriage are generally chargeable against the community property.
• Conjugal Partnership of Gains: Only obligations directly benefiting the family or improving conjugal property are chargeable.
• Separation of Property: Each spouse is responsible for their debts, except those incurred jointly.

3. Property Acquired by Gratuitous Title

• Under both ACP and CPG, properties acquired through inheritance or donation remain the exclusive property of the spouse who received them unless expressly provided otherwise in the donation.

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IV. Termination and Dissolution of Property Relations

Causes of Termination:

• Death of a spouse
• Annulment or declaration of nullity of marriage: The community or conjugal property regime is dissolved upon the annulment of the marriage. Any agreement to this effect made in the marriage settlement is enforced.
• Judicial separation of property: This is often sought when the community property or conjugal property has been abused or mismanaged, or when creditors’ interests are jeopardized.

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V. Settlement of Property Upon Termination

Upon dissolution, the following general rules apply:

1. Liquidation of the Absolute Community or Conjugal Partnership:

   • Debts and obligations are settled first.
   • Remaining property is then divided equally.

2. Effect of Legal Separation:

   • The guilty spouse forfeits his/her share in the net profits of the community or conjugal property in favor of the innocent spouse and/or children.

3. Effect of Judicial Separation of Property:

   • Property division is implemented as per the court's decision, taking into account debts and obligations of each spouse, with any remaining property distributed per the terms in the marriage settlement or, if none, equally.

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VI. Rights and Remedies

• Right to Information: Each spouse has the right to obtain information about the properties and obligations, ensuring transparency in managing assets.
• Remedy for Mismanagement: If one spouse mismanages the property to the detriment of the family, the other spouse can seek judicial separation of property.
• Protection of Third-Party Creditors: In certain cases, creditors may petition for separation of property to protect their interests if either spouse’s management jeopardizes creditor rights.

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VII. Important Judicial Interpretations

The Supreme Court has consistently ruled on various issues relating to property relations between spouses, clarifying that:

• Forfeiture of Shares: Only applies in cases of legal separation.
• Joint Administration Requirement: The lack of consent in significant transactions invalidates these transactions unless subsequently ratified.

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This overview covers the essential aspects of property relations between spouses as regulated by the Family Code of the Philippines. It is crucial for spouses to consider a marriage settlement when opting for alternative arrangements to prevent future disputes.