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    (Table) Property Relations

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    sean
    1. The document summarizes and compares the key features of four property regimes under Philippine family law: absolute community of property, conjugal partnership of gains, separation of property during marriage, and unions without marriage. 2. It outlines the default application, rules applicable, properties included and excluded, treatment of fruits and income, dissolution and liquidation rules for each regime. 3. The major differences between the regimes relate to what properties are considered joint or separate, how fruits and income are treated, and how the property is divided upon dissolution of the union or marriage.

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    (Table) Property Relations

    Uploaded by

    sean
    68 views3 pages
    1. The document summarizes and compares the key features of four property regimes under Philippine family law: absolute community of property, conjugal partnership of gains, separation of property during marriage, and unions without marriage. 2. It outlines the default application, rules applicable, properties included and excluded, treatment of fruits and income, dissolution and liquidation rules for each regime. 3. The major differences between the regimes relate to what properties are considered joint or separate, how fruits and income are treated, and how the property is divided upon dissolution of the union or marriage.

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    [Table] Property Relations

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    1. The document summarizes and compares the key features of four property regimes under Philippine family law: absolute community of property, conjugal partnership of gains, separation of property during marriage, and unions without marriage. 2. It outlines the default application, rules applicable, properties included and excluded, treatment of fruits and income, dissolution and liquidation rules for each regime. 3. The major differences between the regimes relate to what properties are considered joint or separate, how fruits and income are treated, and how the property is divided upon dissolution of the union or marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    68 views3 pages

    (Table) Property Relations

    Uploaded by

    sean
    1. The document summarizes and compares the key features of four property regimes under Philippine family law: absolute community of property, conjugal partnership of gains, separation of property during marriage, and unions without marriage. 2. It outlines the default application, rules applicable, properties included and excluded, treatment of fruits and income, dissolution and liquidation rules for each regime. 3. The major differences between the regimes relate to what properties are considered joint or separate, how fruits and income are treated, and how the property is divided upon dissolution of the union or marriage.

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    Separation of Property Unions without Marriage

    Conjugal Partnership of
    Absolute Community Property During the Marriage Regime of Separation of Capacitated to Marry Not capacitated to
    Gains
    (not a property regime) Property marry
    Application 1. Default for Family Code 1. Default for Civil Code [Art. 134] 1. Marriage [Art. 147] [Art. 148]
    Marriages Marriages 1. Marriage settlement 1. Capacity to 1. Not falling under
    2. Marriage settlements 2. Marriage settlement settlement 2. Revival of marry Art. 147
    3. Revival of Regime (Art. 3. Revival of Regime 2. Judicial order Regime (Art. 67), 2. Live exclusively
    67), if ACP is former (Art. 67), if CPG is if CSP is former as Husband and Ex. bigamous marriages
    former 3. Termination of Wife under Art. 35 but not
    Marriage due to 3. No benefit of falling under Art. 41
    death without marriage or
    liquidation of under a void
    ACP/CPG marriage
    properties (Art.
    103 and Art.
    130)
    Rules Rules on Co-ownership Rules on Contract of Dissolution and
    Applicable Partnership Liquidation of the ACP
    or CPG
    Properties [Art. 91] [Art. 116] [Art. 144] Partial Sep.
    Included Community Property Conjugal Partnership Prop. Absolute Community
    (Joint) All properties owned at the time All properties acquired during Properties agreed upon
    of marriage or acquired after the marriage are presumed as separate in marriage
    unless otherwise provided conjugal settlement
    Properties [Art. 92] [Art. 109] [Art. 144]
    Excluded 1. Acquired during marriage 1. Brought to the All present or future
    (Separate) by gratuitous title marriage as own properties if Total
    (including fruits and 2. Acquired by Separation of Property
    income) unless otherwise gratuitous title
    provided 3. Acquired by right of
    2. Personal and Exclusive redemption, barter,
    use except jewelry or exchange with
    3. Acquired before marriage property belonging
    by either spouse who has only to one spouse
    legitimate descendants 4. Purchased with
    by former marriage exclusive money
    including fruits and
    income
    Separation of Property Unions without Marriage
    Conjugal Partnership of
    Absolute Community Property During the Marriage Regime of Separation of Capacitated to Marry Not capacitated to
    Gains
    (not a property regime) Property marry
    Fruits and Generally included except in All are placed in a common To each his or her own. Wages and Salaries
    Income cases provided by law (ex. fund (50/50 unless otherwise Walang hassle. Equal Shares
    gratuitous title under A. 92) provided in marriage
    settlement)

    [Art. 95 and Art. 123]


    Includes winnings from games of chance. Excludes losses.

    Charges and Liabilities

    Dissolution and Liquidation


    Rules See: Rules on Absolute
    Applicable Community of Property
    When [Art. 99 and Art. 126] [Art. 99]
    Dissolved 1. Death Applicable only in Partial
    2. Decree of Legal Separation Separation of Property
    3. Annulled or Declared Void
    4. Judicial Separation under Art. 134 to 138
    How [Art. 102] Upon Dissolution [Art. 129] [Art. 102]
    Liquidated 1. Inventory 1. Inventory Since properties under
    2. Payment of debts and 2. Reimbursement of CP partial separation of
    obligations from assets. 3. Reimbursement of property are of the same
    In case of insufficiency, Spouses nature as the
    separate properties shall 4. Payment of debts and community property
    be solidarily liable. obligations of CP. In under Art. 91.
    3. Delivery of remaining case of insufficiency,
    exclusive property separate properties
    4. Net remainder of CP shall be solidarily
    equally divided between liable.
    spouses unless otherwise 5. Delivery of remaining
    provided or forfeiture of exclusive properties
    Separation of Property Unions without Marriage
    Conjugal Partnership of
    Absolute Community Property During the Marriage Regime of Separation of Capacitated to Marry Not capacitated to
    Gains
    (not a property regime) Property marry
    share exists under Art. 43 6. Indemnity for loss or
    and 46 damage of movables
    5. Delivery of Presumptive benefited the family
    Legitimes (Art. 51) from CP
    6. Partition of Properties 7. Distribution of Profits
    and the Family Home equally unless
    otherwise specified
    or forfeited
    8. Delivery of
    Presumptive
    Legitimes
    9. Partition of
    Properties and the
    Family Home

    Post Break-up Stuff

    Remarriage
    Children

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