Short answer. The Family Code's chapter on conjugal partnership of gains applies as "supplementary" law to what you agreed in your marriage settlement, under Article 105. In broad terms, property each spouse owned before the marriage stays separate, while gains and income earned during the marriage generally form the partnership to be divided when it ends.
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 →
Your marriage settlement comes first, the chapter fills the rest
Article 105 provides that where future spouses agree in the marriage settlements that the regime of conjugal partnership of gains shall govern their property relations during marriage, the provisions in this Chapter shall be of supplementary application. "Supplementary" means the chapter's rules step in to cover whatever your marriage settlement did not itself spell out — your agreement is the starting point, and the Family Code's conjugal-partnership rules complete the picture.
The general shape of the regime the chapter supplies
Under conjugal partnership of gains, each spouse typically retains ownership of what they brought into the marriage or later acquired by gratuitous title, such as inheritance, while the fruits, income, and gains generated during the marriage from either spouse's property or labor generally form the conjugal partnership. That partnership is what gets liquidated and divided between the spouses, or between a spouse and heirs, when the marriage or the regime ends.
Older marriages under this regime are covered too
Article 105 also states the chapter's provisions shall also apply to conjugal partnerships of gains already established between spouses before the effectivity of this Code, without prejudice to vested rights already acquired in accordance with the Civil Code or other laws. So spouses who chose or fell under this regime before the Family Code took effect are still governed by these chapter rules going forward, while rights they had already vested keep their protection.
Where to start if a dispute arises
Locate your actual marriage settlement, since its specific terms take priority over the chapter's supplementary rules on any point it addresses. Where it is silent, the chapter's default rules on what belongs to the partnership and what remains exclusive apply. Because tracing the character of specific assets can get complicated, especially years into a marriage, bring your documents to a lawyer for a proper assessment.
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 →