ACP-vs-CPG-vs-CSP.docx

Absolute Community of Property (ACP) PROVISION S

Art. 88 Code)

–

104

(Family

DEFINITION S

All Properties owned by the contracting parties before the marriage ceremony and those acquired after.

DISTINCTIO N

Upon Dissolution and liquidation of the ACP, what is divided equally between the spouses or their heirs is the net remainder of the properties of the ACP

APPLICABIL ITY TO ALIEN/FOR EIGN SPOUSE

NOT Applicable

COMMENCEME NT

At the precise moment of the marriage is celebrated

CONSTITUT ES

All properties owned by the spouses at the time of the celebration of the marriage or acquired after. (Art. 91)

Conjugal Property of Gains (CPG)

Complete Separation of Property (CSP)

Art. 105 - 133

Art. 143 - 146

Spouses place in a common fund the fruits, income of their separate property which will be divided equally upon the dissolution of their marriage or partnership.

Matrimonial property Regime agreed upon in the marriage settlement by the future spouses whereby each spouse shall own, dispose of, possess, administer, and enjoy his or her own separate estate and earning without the consent of the other.

Upon dissolution of partnership, the separate property of the spouses are returned and only the net profits of the partnership are divided equally between the spouses of their heirs NOT Applicable

At the execution of their contract/agreement and marriage celebration Art. 117 1. Fruits of conjugal, net fruits of separate property 2. Occupation hunting or fishing 3. Livestock in excess 4. Acquired w/

“Pre-Nuptial Agreement” Each parties enjoy his/her own property without the consent of the other spouse

APPLICABLE

At the execution of the pre-nuptial agreement

none

EXCLUDED

CHARGES

Art. 92 1. Property acquired during the marriage & fruits/income of the spouses UNLESS EXPRESSLY PROVIDED by the donor/testator/grantor 2. Exclusive and Personal property EXCEPT JEWELRY 3. Property &Fruits/Income acquire before the marriage of either spouse who has legitimate descendants by a former marriage. Art. 94 1. SUPPORT = Spouse, Common Children and Legitimate Children of either spouse. 2. Debt & Obligations w/ or w/o consent 3. Prenuptial debts and support for illegitimate children, liabilities for crime 4. Donated property 5. Expenses of litigation 6. Taxes, liens, charges, expenses (educational or preservation), repair (major or minor)

conjugal funds 5. Hidden treasure 6. Labor, industry, work, profession 7. chance Art 109 (exclusive property of each spouse) 1. Brought to the marriage as his or her own 2. Acquires during the marriage by gratuitous title 3. Acquired by redemption, barter, or exchange of property from the other spouse 4. Exclusive money of the spouse Art. 121 1. SUPPORT = Spouse, Common Children and Legitimate Children of either spouse. 2. Debt & Obligations w/ or w/o consent 3. Prenuptial debts rounded only to benefit the family 4. Donated property 5. Expenses of litigation 6. Taxes, liens, charges, expenses (educational or preservation), repair (major or

None

none

minor)

ADMINISTRATI ON & ENJOYMENT

Both Parties

Each parties (Art. 110)

Exception: - Cases of Disagreement

Each parties enjoy his/her own property without the consent of the other spouse.

= HUSBAND WILL PREVAIL, subject to the recourse to the court by the wife for proper remedy)

Prescriptive period: 5 years from the date of the contract implementing the husband’s decision) TERMINATI ON or DISSOLUTI ON LIQUIDATIO N

1. DEATH OF SPOUSE 2. LEGAL SEPARATION DECREE 3. ANNULMENT or NULLITY DECLARATION 4. JUDICIAL SEPARATION OF PROPERTY Art. 102 a. Inventory of all property b. Pay Debts and Obligations c. Return remainder of separate properties of spouses d. Divide equally net remainder of ACP e. Deliver presumptive legitimes f. Adjudicate conjugal dwelling & custody of children

Art 129 a. Inventory of all property b. Credit amounts advanced by the Conjugal Property (Common Fund) for payment of personal debts & obligations c. Reimburse for use of exclusive funds d. Pay debts & obligation e. Return remainder of separate properties of spouses f. Indemnify loss of deterioration of movables g. Dived equally net remainder

none

of ACP h. Deliver presumptive legitimes i. Adjudicate conjugal dwelling custody children

& of