Short answer. When future spouses elect conjugal partnership of gains in their marriage settlement, the relevant chapter of the Family Code applies — but only as supplementary law. The couple's prenuptial stipulations take precedence, and the chapter fills gaps the agreement left open. Pre-Code partnerships are also covered, without disturbing already-vested rights.
What the law says
In case the future spouses agree in the marriage settlements that the regime of conjugal partnership gains shall govern their property relations during marriage, the provisions in this Chapter shall be of supplementary application.
Family Code, Article 105 — Conjugal Partnership of Gains: Application. Read the full provision →
Choosing conjugal partnership of gains in a prenuptial agreement
Couples who marry in the Philippines after the Family Code took effect are under the regime of absolute community of property by default. If you want conjugal partnership of gains instead — a regime that keeps each spouse's separate property separate and pools only the proceeds, fruits, and income — you must agree to it in a valid marriage settlement executed before the wedding. Once you do, the chapter on conjugal partnership of gains in the Family Code steps in to govern the details.
The chapter is supplementary, not primary
The key word in Article 105 is supplementary. The statutory chapter does not override what you wrote in the prenuptial agreement — it fills in the gaps. If your settlement is silent on a particular question, the chapter answers it. If your settlement addresses it, your agreement controls. This gives couples meaningful flexibility: you can adopt conjugal partnership as your framework while customising it, within legal limits, for your specific situation.
Couples married before the Family Code are also covered
Article 105 does not apply only to new marriages. Conjugal partnerships already established before the Family Code became effective are governed by the same chapter going forward. The law is careful to add a protection: this does not disturb vested rights that the spouses already acquired under the old Civil Code or other laws in force at the time. What they had before is preserved; the new chapter simply takes over for events and transactions arising after its effectivity.
What conjugal partnership of gains actually pools — and what it does not
Under this regime, each spouse retains exclusive ownership of property owned before the marriage and property received by gift or inheritance during the marriage. What goes into the common fund is the proceeds, products, fruits and income from those separate properties, plus what either or both spouses earn or acquire through effort or chance during the marriage. On dissolution, the net gains are divided equally. This is meaningfully different from absolute community, where almost everything — including pre-marital property — merges into one shared estate from the start.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Belinda Alexander vs. Spouses Jorge and Hilaria Escalona and Reygan Escalona, G.R. No. 256141, July 19, 2022 — read the decision on LawPhil →
- Heirs of Protacio Go and Marta Barola, namely: Leonor Go, et al. vs. Ester L. Servacio and Rito B. Go, G.R. No. 157537, September 7, 2011 — read the decision on LawPhil →
- Fatima B. Gonzales-asdala Vs Metropolitan Bank and Trust Company, G.R. No. 257982, February 22, 2023 — read the decision on LawPhil →
- Nicxon L. Perez, Jr. vs. Avegail Perez-Senerpida, assisted by her husband Mr. Senerprida, G.R. No. 233365, March 24, 2021 — read the decision on LawPhil →