Short answer. Yes. Article 75 lets future spouses agree, in their marriage settlements, on conjugal partnership of gains, complete separation of property, or any other regime instead of absolute community. If they sign no settlement, or the one they choose turns out void, absolute community applies by default.
What the law says
The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime.
Family Code, Article 75 — Choosing the Property Regime in Marriage Settlements. Read the full provision →
What the law says
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 this Code shall govern.
Family Code, Article 75 — Choosing the Property Regime in Marriage Settlements. Read the full provision →
The default regime is not the only option
Many couples assume absolute community automatically applies to every marriage, and it is true that this is the default under the Family Code. But Article 75 is explicit that the default only fills the gap when the spouses have not made their own choice: "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 this Code shall govern." Absolute community is a fallback, not a mandatory regime the couple cannot opt out of.
What future spouses can actually agree to
The article lists the alternatives available to future spouses directly: they "may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime." Conjugal partnership of gains is named specifically as one of the recognized options, alongside complete separation of property and even a regime the spouses design themselves, as long as it is validly constituted. Choosing conjugal partnership of gains over absolute community is squarely within what the law allows.
The agreement has to be made before the marriage
The article speaks of "future spouses" and "marriage settlements," which situates this choice before the wedding itself, as part of a prenuptial arrangement. This timing matters: a couple deciding after the wedding that they would have preferred conjugal partnership of gains cannot simply declare the change unilaterally, because the settlement contemplated by Article 75 is one the future spouses enter into as future spouses, ahead of the marriage that will be governed by it.
Why the choice of regime matters in practice
Conjugal partnership of gains and absolute community treat property brought into the marriage very differently — under conjugal partnership, property each spouse already owned before the marriage generally remains separate, while only what is gained or earned during the marriage is shared, unlike absolute community's broader pooling. Couples with pre-existing businesses, inherited property, or significant separate assets often prefer conjugal partnership of gains for that reason, which is exactly the kind of choice Article 75 is designed to let them make for themselves.
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.
- David A. Noveras vs. Leticia T. Noveras AM. No. P-06-2227 August 19, 2014 Office of the Court Administrator vs. Atty. Mario N. Melchor, Former Clerk of Court VI, RTC, Br. 16, Naval, Biliran (now Presiding Judge, MCTC, Calubian-San Isidro, Leyte), G.R. No. 188289, August 20, 2014 — read the decision on LawPhil →