The document compares the key aspects of four different marital property regimes in Philippine law: the Absolute Community of Property (ACP), Consensual Partnership of Gains (CPG), Complete Separation of Property (CSP), and cohabitation without marriage (147/148).
All four regimes establish marital partnership as the basis. ACP, CPG and CSP rely on the Family Code as the main law, while 147/148 relies on cohabitation and the Family Code. They differ in their supplementary laws and treatment of excluded properties, charges against the common property, and liquidation procedures in cases of bad faith.
The document compares the key aspects of four different marital property regimes in Philippine law: the Absolute Community of Property (ACP), Consensual Partnership of Gains (CPG), Complete Separation of Property (CSP), and cohabitation without marriage (147/148).
All four regimes establish marital partnership as the basis. ACP, CPG and CSP rely on the Family Code as the main law, while 147/148 relies on cohabitation and the Family Code. They differ in their supplementary laws and treatment of excluded properties, charges against the common property, and liquidation procedures in cases of bad faith.
The document compares the key aspects of four different marital property regimes in Philippine law: the Absolute Community of Property (ACP), Consensual Partnership of Gains (CPG), Complete Separation of Property (CSP), and cohabitation without marriage (147/148).
All four regimes establish marital partnership as the basis. ACP, CPG and CSP rely on the Family Code as the main law, while 147/148 relies on cohabitation and the Family Code. They differ in their supplementary laws and treatment of excluded properties, charges against the common property, and liquidation procedures in cases of bad faith.
1.
Basis:
Marital
Partnership
1.
Basis:
Marital
Partnership
1.
Basis:
Marital
Partnership
1.
Basis:
Cohabitation
of
“Spouses”
2.
Main
law:
Family
Code
2.
Main
law:
Family
Code
2.
Main
law:
Family
Code
(147:
w/o
impediment;
148,
with
Suppletory
law:
Co-‐ownership
Suppletory
law:
Partnership
Suppletory
law:
Co-‐ownership
impediment
to
marry
each
other)
2.
Main
law:
Family
Code
3.
Excluded
Properties
3.
Excluded
Properties:
3.
Excluded
Properties:
Suppletory
law:
Co-‐ownership
EVERYTHING
a.)
Property
acquired
by
gratuitous
title
a.)
Property
acquired
by
gratuitous
To
each
spouse
shall
belong
all
3.
Excluded
Properties:
147
during
the
marriage
(unless
otherwise
title
during
the
marriage
excluding
earnings
from
his
or
her
profession,
a.)
Property
acquired
by
either
party
specified
by
the
donor),
plus
fruits
and
fruits
and
interests
business
or
industry
&
all
fruits,
exclusively
by
his
or
her
own
funds.
interests
natural,
industrial
or
civil,
due
or
(This
is
subject
to
proof
because
b.)
Properties
owned
before
the
received
during
the
marriage
from
“properties
acquired
while
they
lived
b.)
Properties
owned
before
the
marriage
excluding
fruits
and
his
or
her
separate
property
(Art.
together
shall
be
presumed
to
have
marriage
including
fruits
&
interest
if
interests,
brought
into
the
marriage
145)
been
obtained
by
their
joint
efforts,
there
are
legitimate
descendants
by
a
as
separate
properties
(need
not
be
work
or
industry,
&
shall
be
owned
former
marriage
OR
if
specified
as
specified
in
the
marriage
settlement)
by
them
in
equal
shares.”
separate
in
the
marriage
settlement
c.)
Separate
properties
remain
so
b.)
Fruits
of
separate
property
are
c.)
Properties
excluded
under
the
law
even
though
converted
into
other
not
included
in
the
co-‐ownership.
or
by
agreement
unless
these
are
assets,
exchanged,
bartered
or
converted
into
cash
or
exchanged
or
redeemed
3.
Excluded
Properties:
148
traded/bartered.
(May
be
EVERYTHING:
“Only
the
properties
contentious
especially
for
properties
acquired
by
both
of
the
parties
reserved
for
legitimate
descendants)
through
their
actual
joint
contribution
of
money,
property
or
3.
Charges
against
the
community
industry
shall
be
owned
by
them
in
property
3.
Charges
against
the
community
common
in
proportion
to
their
property
3.
Charges
against
complete
respective
contributions
&
-‐Taxes
&
expenses
for
the
separate
separation
of
property
corresponding
shares
are
presumed
property
of
spouses
only
if
it
is
used
-‐Taxes
and
expenses
for
the
separate
to
be
equal.
(Art.
148)
by
the
family
(because
it
redounds
to
property
of
spouses
Family
expenses
are
borne
by
both
the
benefit
of
the
family)
spouses
in
proportion
to:
1.)
4.
Liquidation
when
a
“spouse”
-‐Advances
can
be
made
by
ACP
as
far
-‐Advance
payments
by
CPG
must
be
respective
income;
2.)
current
acted
in
bad
faith
–
Share
forfeited
as
*9
is
concerned.
Other
obligations
after
all
other
obligations
under
Art.
market
value
of
their
properties
to
common
children,
then
under
Art.
94
need
not
be
paid
first.
121
have
been
paid
(Art.
122)
descendants,
then
innocent
spouse
(147)
4.
Liquidation
when
a
spouse
If
“other”
spouse
is
validly
married
to
acted
in
bad
faith
–
Net
profits
4.
Liquidation
when
a
spouse
is
in
another,
share
goes
to
ACP
or
CPG.
forfeited
to
common
children,
then
bad
faith
–
Net
profits
forfeited
to
children
of
guilty
spouse
by
previous
common
children,
then
children
of
marriage,
then
innocent
spouse
guilty
spouse
by
previous
marriage,
then
innocent
spouse