Conjugal Partnership of Gains and Absolute Community
Conjugal Partnership of Gains and Absolute Community
Conjugal Partnership of Gains and Absolute Community
In a nutshell, the husband and the wife are considered as coowners of all properties they bring into the marriage (those that
they owned before the marriage), as well as the properties
acquired during the marriage, except for certain properties
express excluded by law (listed below). The rules on co-ownership
apply in all matters not provided under the Family Code.
(5) All taxes and expenses for mere preservation made during
marriage upon the separate property of either spouse used by
the family;
(1) The support of the spouse, their common children, and the
legitimate children of either spouse; however, the support of
illegitimate children shall be governed by the provisions of the
Family Code on Support;
(5) All taxes and expenses for mere preservation made during the
marriage upon the separate property of either spouse;
and
pecuniary
(1) The spouse who leaves the conjugal home or refuses to live
therein, without just cause, shall not have the right to be
supported;
CIVIL CODE:
CHAPTER 4
CONJUGAL PARTNERSHIP OF GAINS
SECTION 1. - General Provisions
Art. 142. By means of the conjugal partnership of gains the
husband and wife place in a common fund the fruits of their
separate property and the income from their work or industry, and
divide equally, upon the dissolution of the marriage or of the
partnership, the net gains or benefits obtained indiscriminately by
either spouse during the marriage. (1392a)
Art. 143. All property of the conjugal partnership of gains is owned
in common by the husband and wife. (n)
Art. 144. When a man and a woman live together as husband and
wife, but they are not married, or their marriage is void from the
beginning, the property acquired by either or both of them through
their work or industry or their wages and salaries shall be governed
by the rules on co-ownership. (n)
Art. 145. The conjugal partnership shall commence precisely on the
date of the celebration of the marriage. Any stipulation to the
contrary shall be void. (1393)
Art. 146. Waiver of the gains or of the effects of this partnership
during marriage cannot be made except in case of judicial
separation.
When the waiver takes place by reason of separation, or after the
marriage has been dissolved or annulled, the same shall appear in a
public instrument, and the creditors shall have the right which
Article 1052 grants them. (1394a)
Art. 147. The conjugal partnership shall be governed by the rules
on the contract of partnership in all that is not in conflict with what
is
expressly
determined
in
this
Chapter.
(1395)
Art. 150. Property donated or left by will to the spouses, jointly and
with designation of determinate shares, shall pertain to the wife as
paraphernal property, and to the husband as capital, in the
Art. 164. Whatever may be lost during the marriage in any kind of
gambling, betting or game, whether permitted or prohibited by law,
shall be borne by the loser, and shall not be charged to the conjugal
partnership.
(1411a)
SECTION 5. - Administration of the Conjugal Partnership
Art. 165. The husband is the administrator of the conjugal
partnership. (1412a)
Art. 166. Unless the wife has been declared a non compos mentis or
a spendthrift, or is under civil interdiction or is confined in a
leprosarium, the husband cannot alienate or encumber any real
property of the conjugal partnership without the wife's consent. If
she refuses unreasonably to give her consent, the court may compel
her to grant the same.
This article shall not apply to property acquired by the conjugal
partnership before the effective date of this Code. (1413a)
Art. 169. The wife may also by express authority of the husband
appearing in a public instrument, administer the latter's estate. (n)
Art. 170. The husband or the wife may dispose by will of his or her
half of the conjugal partnership profits. (1414a)
Art. 171. The husband may dispose of the conjugal partnership
property for the purposes specified in Articles 161 and 162. (1415a)
Art. 172. The wife cannot bind the conjugal partnership without the
husband's consent except in cases provided by law. (1416a)
Art. 173. The wife may, during the marriage, and within ten years
from the transaction questioned, ask the courts for the annulment
of any contract of the husband entered into without her consent,
when such consent is required, or any act or contract of the
husband which tends to defraud her or impair her interest in the
conjugal partnership property. Should the wife fail to exercise this
right, she or her heirs, after the dissolution of the marriage, may
demand the value of property fraudulently alienated by the
husband. (n)
Art. 174. With the exception of moderate donations for charity,
neither husband nor wife can donate any property of the conjugal
partnership
without
the
consent
of
the
other.
(n)
Art. 176. In case of legal separation, the guilty spouse shall forfeit
his or her share of the conjugal partnership profits, which shall be
awarded to the children of both, and the children of the guilty
spouse had by a prior marriage. However, if the conjugal
partnership property came mostly or entirely from the work or
industry, or from the wages and salaries, or from the fruits of the
separate property of the guilty spouse, this forfeiture shall not
apply.
Art. 186. The mourning apparel of the widow shall be paid for out
of the estate of the deceased husband. (1427a)
Art. 187. With regard to the formation of the inventory, rules for
appraisal and sale of property of the conjugal partnership, and
other matters which are not expressly determined in the present
Chapter, the Rules of Court on the administration of estates of
deceased persons shall be observed. (1428a)
Art. 188. From the common mass of property support shall be given
to the surviving spouse and to the children during the liquidation of
the inventoried property and until what belongs to them is
delivered; but from this shall be deducted that amount received for
support which exceeds the fruits or rents pertaining to them. (1430)
Art. 189. Whenever the liquidation of the partnership of two or
more marriages contracted by the same person should be carried
out at the same time, in order to determine the capital of each
partnership all kinds of proof in the absence of inventories shall be
admitted; and in case of doubt, the partnership property shall be
divided between the different partnerships in proportion to the
duration of each and to the property belonging to the respective
spouses.
(1431)
CHAPTER 5
SEPARATION OF PROPERTY OF THE SPOUSES
AND ADMINISTRATION OF PROPERTY
BY THE WIFE DURING THE MARRIAGE
Art. 190. In the absence of an express declaration in the marriage
settlements, the separation of property between spouses during the
marriage shall not take place save in virtue of a judicial order. (1432a)
Art. 191. The husband or the wife may ask for the separation of
property, and it shall be decreed when the spouse of the petitioner
has been sentenced to a penalty which carries with it civil
interdiction, or has been declared absent, or when legal separation
has been granted.
In case of abuse of powers of administration of the conjugal
partnership property by the husband, or in case of abandonment by
the husband, separation of property may also be ordered by the
court, according to the provisions of Articles 167 and 178, No. 3.
CHAPTER 6
SYSTEM OF ABSOLUTE COMMUNITY (n)
Art. 198. In case the future spouses agree in the marriage
settlements that the system of absolute community shall govern
their property relations during marriage, the following provisions
shall be of supplementary application.
Art. 199. In the absence of stipulation to the contrary, the
community shall consist of all present and future property of the
spouses not excepted by law.
Art. 200. Neither spouse may renounce any inheritance without the
consent of the other. In case of conflict, the court shall decide the
question, after consulting the family council, if there is any.