Property Relations of Spouses

Art. 74 of the Family Code. The property relationship between husband and wife shall be governed in the following order:

(1) By marriage settlements or antenuptial agreement executed BEFORE the marriage;
(2) By the provisions of the Family Code; and
(3) By the local custom.

The future spouses may, in their marriage settlement, agree on:

(1) the System of ABSOLUTE Community of Property;
(2) Conjugal Partnership of GAINS;
(3) Complete SEPARATION of Property
(4) a combination of the above regimes;
(5) any other regime, like the dowry system

Notwithstanding the provisions, I shall never enter into an antenuptial agreement just in case the man of my dreams proposes marriage to me. The “one flesh” term in the Bible is much more than sex. They are “one” not only physically but also emotionally, spiritually, intellectually, financially, and in every other way; living together to meet each other’s needs. They shall become one entity sharing their lives with each other, no longer two individuals. I also believe that contracting a marriage settlement is in anticipation of divorce.

Accordingly, in the absence of a marriage settlement, or when the regime agreed upon is void, the System of Absolute Community of Property as established in the Family Code shall govern. In this regime, the husband and wife are co-owners of ALL the properties that they bring into the marriage and those acquired during the marriage EXCEPT those exclusive property of each spouse expressly provided by Article 92, FC, such as:

(1) Property acquired during the marriage by gratuitous title;
(2) Property for personal and exclusive use of either spouse except jewelry; and
(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage.

System of Absolute Community of Property vs. Conjugal Partnership of Gains

(1) The System of Absolute Community of Property shall govern if the husband and wife have no marital settlement agreement. The regime of the Conjugal Partnership of Gains shall govern the property relations during marriage as agreed upon in the marriage settlement.

(2) In the Absolute Community, the ENTIRE common mass of property is divided equally between the spouses, each spouse losing the ownership of the properties brought into the marriage. While in the Conjugal Partnership of Gains, only the NET PROFITS of the partnership are divided between the spouses.

Related Article:

Concept of Marriage