Which property regime governs a marriage depends on when the couple married and whether they signed a prenuptial agreement. For marriages celebrated after the Family Code took effect, and where the couple did not agree otherwise before the wedding, the default regime is absolute community of property, under which almost everything the spouses own before and acquire during the marriage becomes common property. Couples may instead choose, by a valid prenuptial agreement, conjugal partnership of gains or complete separation of property.
When a marriage ends — by death, annulment, or legal separation — the first fight is almost always about property: what is shared, what is separate, who gets what. The answer is set years earlier, by the couple’s property regime, and most couples never realized they chose one.
The Default: Absolute Community of Property
Under the Family Code, if a couple marries without a prenuptial agreement, the default regime is the Absolute Community of Property (ACP). This is the most sharing of the three: as a rule, all the property the spouses owned before the marriage and everything they acquire during it becomes part of the community, owned by both. On dissolution, the net community is generally divided equally between the spouses (or the surviving spouse and the heirs).
There are exceptions kept out of the community, including property acquired by gratuitous title (inheritance or donation) received by one spouse and its fruits, property for personal and exclusive use (except jewelry), and property acquired before the marriage by a spouse who has legitimate descendants from a former marriage. But the starting presumption is that property is community property, and the spouse claiming otherwise must prove it.
Conjugal Partnership of Gains
The Conjugal Partnership of Gains (CPG) is narrower. Here each spouse retains ownership of the property they brought into the marriage; what becomes common is essentially the fruits, income, and gains earned during the marriage. On dissolution, each spouse takes back their own capital, and the net gains are split. CPG was the default under the old Civil Code, so couples married before the Family Code took effect are generally governed by it, and today a couple may choose it by prenuptial agreement.
Complete Separation of Property
Under complete separation of property, each spouse owns, manages, and disposes of their own property and keeps their own earnings; there is no common mass, though they share the family expenses in proportion to their means. This regime does not arise by default — it must be chosen in a prenuptial agreement, or it may be decreed by a court in a judicial separation of property.
Why the Default Matters
Because most couples do not sign a prenup, most are under absolute community — and are often surprised by how much is shared. A house one spouse bought before the wedding, savings, a business built during the marriage: under ACP these are commonly community property, divided on dissolution regardless of whose name is on the paper or who paid. Couples who want a different arrangement — to keep a family business separate, to protect pre-marriage assets — must set it in a prenuptial agreement executed before the marriage, because the regime cannot ordinarily be changed afterward except by court-approved judicial separation of property.
Charges Against the Community
Whatever the regime, the common property answers for the family’s support, the children’s education, and debts contracted for the benefit of the family. Debts that one spouse incurred that did not benefit the family are generally that spouse’s own. This is why creditors and spouses alike care about characterizing a debt as a family charge or a personal one.
Practical Advice
Know your regime before a dispute forces you to. If you married without a prenup after the Family Code, assume absolute community and plan accordingly. If you are about to marry and want to keep assets separate, sign a valid prenuptial agreement before the wedding. And if you are settling a marriage, the regime decides the division — get it identified correctly at the start.
Frequently Asked Questions
What property regime applies if we did not sign a prenup? For marriages after the Family Code took effect, the default is absolute community of property, under which almost everything owned before and acquired during the marriage becomes common property, subject to specific exceptions like inheritances and personal-use items.
What is the difference between absolute community and conjugal partnership? Absolute community pools almost all property, including what each spouse owned before the marriage. Conjugal partnership lets each spouse keep their pre-marriage property and shares mainly the fruits and gains earned during the marriage.
Can we choose complete separation of property? Yes, but only through a valid prenuptial agreement signed before the wedding, or by a later court-decreed judicial separation of property. It does not arise automatically.
Can we change our property regime after marrying? Generally no. The regime is fixed at the marriage, and it can be changed afterward only through a court-approved judicial separation of property, not by the spouses' agreement alone.
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 are planning a marriage or settling one, understanding your property regime is essential, and our firm can advise you or prepare a prenuptial agreement. 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.