Simplified Question: Are properties acquired after separation considered part of the conjugal property in the Philippines?
In the Philippines, the legal concept of conjugal property pertains to the properties that a married couple jointly owns during their marriage under the Conjugal Partnership of Gains (CPG) or the Absolute Community of Property (ACP) regime. The general rule is that any property acquired during the marriage is presumed to be conjugal property, unless proven otherwise. This presumption extends to the period of marriage, regardless of whether the couple is living together or not.
However, the situation becomes more complex when a couple is separated but not legally separated or annulled. In such cases, the law does not automatically dissolve the marriage or change the nature of the property regime governing the couple's assets. Thus, even if the spouses have been living apart for several years, any property acquired by either spouse after the separation is still presumed to be part of the conjugal property.
Key Legal Principles:
Conjugal Partnership of Gains (CPG): Under the CPG, all earnings and income during the marriage become part of the conjugal property, except for properties acquired through inheritance or donation specifically to one spouse. The fruits or income of separate properties are also included in the conjugal partnership.
Absolute Community of Property (ACP): Under the ACP regime, all properties owned by the spouses before the marriage and those acquired during the marriage become part of the conjugal property, except for a few exceptions such as properties acquired by gratuitous title (i.e., inheritance or donation) and properties for personal and exclusive use of one spouse.
Effect of Separation: Physical separation, even for an extended period, does not change the nature of the conjugal property regime. Unless the couple obtains a legal separation, annulment, or nullity of marriage, the property acquired by either spouse during the separation remains conjugal.
Legal Separation and Annulment: Only after a legal separation or annulment is granted does the conjugal property regime cease, leading to the division of assets. After such legal processes, any property acquired by the spouses individually is no longer part of the conjugal property.
Exceptions:
While the general rule is that properties acquired during the marriage are conjugal, there are exceptions. If one spouse can prove that a property was acquired solely using personal funds or that it was inherited, it may not be considered conjugal property.
Conclusion:
In the Philippines, properties acquired after physical separation but before a legal separation, annulment, or declaration of nullity are still considered conjugal property. The law continues to view the marriage as valid and subsisting, and the property regime remains in place until a court officially dissolves it. Hence, both spouses have a share in any property acquired during this period, regardless of their physical separation.