The two principal marital property regimes are the absolute community of property (ACP) and the conjugal partnership of gains (CPG). Under the ACP, which is the default regime for marriages celebrated under the Family Code without a prenup, nearly everything the spouses own before the marriage and acquire during it becomes part of one common mass, with limited exclusions (such as property acquired by gratuitous title and property for personal use). Under the CPG, which was the default before the Family Code and applies by agreement or to certain marriages, each spouse retains ownership of the property they brought into the marriage (their capital and paraphernal property), while only the fruits and income of their separate property and the property acquired through their efforts during the marriage form the conjugal partnership, to be divided equally upon dissolution. In short, the ACP pools almost everything, while the CPG keeps pre-marriage property separate and shares only the gains. The regime determines what is divided when the marriage ends.
The Two Regimes
The two main regimes are the absolute community of property (ACP) and the conjugal partnership of gains (CPG).
Absolute Community (Default Now)
The default under the Family Code (absent a prenup). Nearly everything owned before and acquired during the marriage becomes one common mass, with limited exclusions (gratuitous-title property, personal-use items).
Conjugal Partnership of Gains
The old default (or by agreement). Each spouse keeps what they brought in (capital/paraphernal), and only the fruits, income, and property acquired by effort during the marriage form the partnership, divided equally at dissolution.
Practical Takeaways
- ACP pools almost everything; CPG keeps pre-marriage property separate and shares only the gains;
- The default under the Family Code is ACP absent a prenup;
- The regime decides what is divided when the marriage ends.
Frequently Asked Questions
What is the difference between ACP and CPG? Under the absolute community, nearly everything owned before and acquired during the marriage is pooled into one common mass. Under the conjugal partnership, each spouse keeps pre-marriage property and only the gains during the marriage are shared.
Which regime is the default? The absolute community of property is the default for marriages celebrated under the Family Code without a prenuptial agreement. The conjugal partnership was the default before the Family Code.
Is property owned before marriage shared under ACP? Generally yes. Under the absolute community, property owned before the marriage becomes part of the common mass, with limited exclusions. Under the conjugal partnership, it remains separate.
How is property divided when the marriage ends? Under ACP, the common mass is divided (generally equally after charges). Under CPG, each spouse keeps their separate property and the conjugal gains are divided equally.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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