Property Regime - Comparative Table
Property Regime - Comparative Table
Property Regime - Comparative Table
Porcadilla
Persons & Family Relations (1L-M12)
Comparative Table
Exclusive Property -Property acquired by -Property brought into the -Both spouses are the -The properties acquired through -The properties acquired
gratuitous title if intended to marriage by each spouse owners of their exclusive exclusive funds of a spouse through exclusive funds of a
be excluded from absolute as his/her own. property. provided that there is proof. spouse and it needs no proof.
community of property; it The salaries and wages of one
must be a valid gratuitous -Property by gratuitous title party in the relationship.
acquisition during the during the marriage, given
marriage (Munoz v. that the done intended to it
Ramirez). to be exclusively owned.
Common -All property owned by the -Onerous Title at the -Applies only to partial -Salaries are owned in equal -Properties acquired by both
Property spouses at the time of expense of common fund. separation and such shares. through work and industry are
marriage. property are by default owned in common in proportion
-Property Acquired through governed by ACP. -Properties acquired by both to their respective contribution.
-All properties acquired after the Labor, Industry, Work, through work and industry (The
the time of marriage. Profession of either or both rules of co-ownership governs). -Properties acquired while living
spouses. together are equally owned if
-Properties acquired while living there is evidence of joint
-Fruits from common together are owned in equal shares acquisition or contribution.
property and net fruits of
the exclusive properties of -Properties acquired are owned in
each spouse. equal shares if there is contribution
to the maintenance of family and
-Share of either spouse in household.
hidden treasures
-Livestock existing at
dissolution of partnership
in excess of what is
brought by either spouse in
the marriage.
-Property purchased by
installment if full ownership
was vested during the
marriage.
-Property by reverse
accession if the new value
after improvement is
greater than the original
value of the property.
Liabilities -Support to Spouse, Debts and Obligations: -Spouse is solitarily liable -Liability is charged against the -There is no consent needed for
Common children, legitimate for creditors. exclusive property or the equal encumbrance of property.
children of previous -Incurred in the exercise of share of a spouse.
marriage, and illegitimate -In family expenses, both
children *spouse’s profession spouses shall be liable in -A spouse cannot encumber his or
a) by administrator-spouse proportion and if her respective share during
-For spouse, Even if not for the benefit of the family; insufficient, charged cohabitation without the consent of
living together except in against their separate the other.
case of abandonment. *by both spouses; properties based on
current market value.
-Even during pendency of *by one spouse with the
action for legal separation or consent of the other by one
annulment of marriage. spouse without the
consent of the other for the
benefit of the family
Debts and Obligations antenuptial debts for the
Contracted During the benefit of the family
Marriage
Taxes and Expenses
-Either by both spouse or
one of them, with consent of -Maintenance of CPG
the other. properties.
*Expenses of litigation
between spouses
Ownership or -The administration of For Separate Property: Generally, the owner -The general rules on administration -The general rules on
Administration property belongs to both spouse is the administrator of property governs. administration of property
spouses. If doubt exist, the -Administration of property to his or her properties. governs.
decision of the husband depends to the owner. The However, the other spouse
prevails; but the wife has five other spouse can can be the administrator if:
years to go to court for administer the exclusive
recourse, except when the property of the other under -One spouse becomes the
spouse is incapacitated or certain rules. guardian of the other.
unable to participate in the
administration. For Conjugal Property: -One spouse is judicially
declared an absentee.
-Administration belongs to
both spouses. If doubt -One spouse is given
exist, the husband decision penalty of civil interdiction.
prevails but the wife can go
to court to seek for -One spouse become a
recourse. fugitive.
Disposition -A spouse can dispose -Disposition of conjugal -The owner spouse can -Under Article 147, a party is -Under Article 148, there is no
through a will his or her property is only allowed if dispose his or her separate prohibited to dispose his or her prohibition against alienation of
interest in the community with consent or approval by estate without the consent respective share during ideal share.
property; however, it is the other spouse of the other. cohabitation.
limited to his or her share in
the community property. Or if under judicial authority
secured by the court:
-Donation is prohibited
without the consent of the -Donation of CPG must be
other spouse, except the with the consent of the
following: other spouse except
moderate donations for
-Moderate donations to charity, on occasions of
charity due to family family rejoicing, or family
rejoicing or distress; and distress.
-Inventory of the assets of The following are the rules -The owner is the owner of -A share is forfeited if a spouse has -There is no liquidation, only
ACP and of spouses’ on liquidation: his or her property. As acted in bad faith. partition.
separate properties; such, liquidation depends
Liquidations -Prepare an inventory of all upon the owner spouse. -The rule for forfeiture is governed -If one party has a valid
-Obligations are paid with properties by the co-ownership. The forfeiture marriage, the property is divided
community property, but favors the innocent party, common based on the property regime of
separate obligations not -Amounts advanced by children, or their descendants. his or her valid marriage.
charged to ACP are paid by CPG in payment of
respective assets of personal debts and -There is no liquidation only -If one party acts in bad faith, the
spouses; obligations shall be partition. treatment is similar to article 147.
credited to CPG
-If obligations exceed the -The same rules of forfeiture
assets of ACP, nothing is -Reimburse each spouse applies if both parties acted in
divided. Creditors can go for the use of his/her bad faith.
after the separate properties exclusive funds in the
acquisition of property
of the spouses, which are -Debts and obligations of
solitarily liable for deficiency; CPG shall be paid out of
the conjugal assets,
-Balance or net remainder of otherwise both spouses
assets are divided equally are solidary liable
between spouses,
irrespective of how much -Remains of the exclusive
each brought into the properties shall be
community; delivered to respective
owner- spouses
-If personal obligations of a
spouse exceed his/her -Indemnify loss or
separate property, creditor deterioration of movables
can go after the share of the belonging to either spouse,
spouse on the net remainder even due to fortuitous
of the ACP; and event, used for the benefit
of the family
-After covering all
community obligations and -Net remainder of CPG
obligations of spouses, shall the constitute the
balance of separate profits which shall be
properties are delivered to divided equally between
respective spouses or their husband and wife except
heirs, and they will also when:
divide into two equal shares
whatever is left of the *A different proportion or
community assets, without division was agreed upon
prejudice to the provisions of in the marriage settlements
law on forfeitures and There has been a voluntary
delivery of presumptive waiver or forfeiture of such
legitimes. share
-Presumptive legitimes
delivered to common
children under Art. 51
-Conjugal dwelling goes to: