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On The Other Hand, The Property Regime of Unions Without Marriage Is Executed To Two Kinds of Unmarried Couples Living Together

There are four types of property regimes in the Philippines: 1) Complete Separation of Property governed by a prenuptial agreement; 2) Property Regime of Unions Without Marriage for unmarried couples; 3) Conjugal Partnership of Gains for couples married before 1988; and 4) Absolute Community of Property for couples married after 1988. The Family Code of 1988 established Absolute Community of Property as the default regime, pooling all property into a common fund with equal rights for both spouses. Prior regimes distinguished property brought into the marriage from property acquired during the marriage.

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Romeo Rivera
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52 views

On The Other Hand, The Property Regime of Unions Without Marriage Is Executed To Two Kinds of Unmarried Couples Living Together

There are four types of property regimes in the Philippines: 1) Complete Separation of Property governed by a prenuptial agreement; 2) Property Regime of Unions Without Marriage for unmarried couples; 3) Conjugal Partnership of Gains for couples married before 1988; and 4) Absolute Community of Property for couples married after 1988. The Family Code of 1988 established Absolute Community of Property as the default regime, pooling all property into a common fund with equal rights for both spouses. Prior regimes distinguished property brought into the marriage from property acquired during the marriage.

Uploaded by

Romeo Rivera
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Property Regimes are divided into four types:

1. Complete Separation of Property marriage settlement before the wedding


2. Property Regime of Unions Without Marriage
3. Conjugal Partnership of Gains before august 3 1988
4. System of Absolute Community on and after august 3 of 1988

The Family Code of the Philippines took effect on August 3, 1988. Since that day, the
Absolute Community of Property will govern married couples.

The agreement before the wedding is referred to as the Marriage Settlements.


Before August 3, 1988, the couples who got married without preparing marriage
settlements beforehand, are covered by the Conjugal Partnership of Gains regime.

If the husband and wife agreed to Complete Separation of Property in their marriage
settlements executed before the wedding, this Property Regime cannot be executed
after the wedding.

On the other hand, the Property Regime of Unions Without Marriage is


executed to two kinds of unmarried couples living together:
1. Those who are not legally married because of some legal impediment or incapacity of
either or both of them, and

2. Those who are legally capable of marriage.

While both of these property relations are governed by the same property regime, each
of them has different rules. Under the general law, a man is only allowed to marry one
woman. If the man is already married to one and the marriage is still in effect, the
other woman cannot be married. However, just because the other woman cannot
be legally married does not necessarily mean that they do not have any right on
the properties that they have accumulated together. According to the law, there
are legal rights of the other woman that need to be taken into consideration.

Complete Separation of Property


This means each one of the spouses owns his or her exclusive properties, from both
present and future property, including the ones they already own prior to getting
married. If couples choose this property relation or regime, the means for supporting
their family is through the use of a common fund. The contribution of each part will
depend on their income capacity.

Property Regime of Unions Without Marriage


It applies to couples who are capable of getting married but due to some reason did not
get married because the property relations resemble that in CPG. This means their
possessions prior to their marriage remain theirs, but the properties they produce or
acquire during their marriage will be shared equally by both couples.

Conjugal Partnership of Gains


Conjugal Partnership of Gains (CPG) is similar to Absolute Community of Property
except that there is a difference in how the properties are acquired by each party prior
to getting married. The properties produced during the marriage will go to the common
fund or the Conjugal Property where both spouses have equal rights.

Absolute Community of Property


This property regime pools the property of the husband and the wife together into one
common fund. This will include the properties owned prior to the marriage. Both parties
also have equal rights to the common fund. When married couples decide to go
separate says or dissolve their marriage, the property should be equally divided.

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