Unless spouses sign a valid marriage settlement before the wedding choosing another regime, absolute community of property (ACP) is the default regime for marriages under the Family Code — it pools nearly everything either spouse owned before the marriage plus whatever is acquired after. Conjugal partnership of gains (CPG) is different: each spouse keeps their pre-marriage property separate, and only the fruits, income, and gains earned during the marriage go into the common fund, split equally when the marriage ends. Couples married before August 3, 1988 are generally under the old Civil Code's CPG regime unless they agreed otherwise.
Why the regime matters
A marriage's property regime decides what belongs to “the couple” versus what stays exclusively one spouse's, and it becomes critical the moment there is a debt to collect, a property to sell, an annulment to litigate, or an estate to settle. Family Code Article 75 states the rule plainly: spouses may agree on a regime — absolute community, conjugal partnership of gains, complete separation of property, or another arrangement — in a marriage settlement executed before the wedding. In the absence of a marriage settlement, or if the one signed turns out to be void, the system of absolute community of property governs by default.
Absolute community of property (ACP) — the default
Under Article 88, the absolute community commences at the exact moment the marriage is celebrated; any agreement to start it at a different time is void. Article 91 sets its scope: unless the Family Code or the marriage settlement says otherwise, the community property consists of all property owned by either spouse at the time of the marriage, plus whatever is acquired afterward — a much broader pool than most people assume. There are statutory exclusions (property acquired by gratuitous title such as inheritance or a personal gift, property for the exclusive use of one spouse, and property acquired before the marriage by a spouse who already has legitimate descendants from a prior marriage), but the default sweep is wide.
Conjugal partnership of gains (CPG) — the opt-in (or pre-1988) alternative
Article 106 defines conjugal partnership of gains differently: the husband and wife place into a common fund only the proceeds, products, fruits, and income from their separate properties, and whatever either or both acquire through their own efforts or by chance during the marriage. Property each spouse already owned before the wedding remains their own separate property — it is only the gains generated during the marriage that get pooled and, upon dissolution, divided equally between the spouses unless the marriage settlement provides otherwise.
The practical difference, side by side
- Pre-marriage property: under ACP, generally becomes common property; under CPG, stays separate.
- Income earned during the marriage: common property under both regimes.
- An inheritance received during the marriage: under both ACP and CPG, inherited property (received by gratuitous title) is generally excluded and remains the inheriting spouse's separate property — though its fruits (e.g., rent from an inherited house) become common property under CPG.
- Debts: generally chargeable against the common fund if incurred for the family's benefit, under either regime.
Which regime applies to an existing marriage?
The Family Code took effect August 3, 1988. Marriages celebrated on or after that date, with no valid marriage settlement, default to absolute community. Marriages celebrated before that date are generally governed by whatever regime applied under the old Civil Code at the time — typically conjugal partnership of gains, since that was the old Civil Code's default — unless the couple validly agreed otherwise. This distinction matters enormously in an annulment, legal separation, or estate settlement involving a marriage that straddles that date; the applicable regime should be confirmed rather than assumed.
Why this matters in an annulment or legal separation
When a marriage is annulled, declared void, or the spouses obtain a legal separation, the property regime must be liquidated — the community or partnership assets identified, valued, and divided. Getting the regime wrong at the outset (assuming ACP when the couple actually agreed on complete separation of property, for instance) can derail the entire liquidation. It is worth confirming, early in any separation proceeding, exactly which regime governs the marriage and what a signed marriage settlement, if any, actually says.
Frequently Asked Questions
What is the default property regime for marriages in the Philippines? Absolute community of property, under Family Code Article 75, applies automatically to any marriage where the spouses did not execute a valid marriage settlement before the wedding, or where the settlement they signed is void.
Does conjugal partnership of gains still exist under the Family Code? Yes. Couples may still choose conjugal partnership of gains in a valid marriage settlement executed before marriage. It also generally continues to govern marriages celebrated before the Family Code took effect on August 3, 1988, unless the spouses agreed otherwise.
Is inherited property shared with a spouse? Generally no. Property acquired by inheritance or gratuitous title is typically excluded from both absolute community and conjugal partnership as separate property of the inheriting spouse, though under conjugal partnership its fruits or income during the marriage become common property.
Can spouses change their property regime after marriage? Family Code Article 75 requires the marriage settlement choosing a regime other than absolute community to be executed before the marriage. Changing the regime after marriage generally requires a judicial order, typically obtained together with a legal separation, annulment, or nullity proceeding.
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.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.