What constitutes community property?

Unless otherwise provided by law or in the marriage settlements, the community property

shall consist of all the property owned by the spouses at the time of the celebration of the

marriage or acquired thereafter. Property acquired during the marriage is PRESUMED to

belong to the community, unless it is proved that it is one of those excluded therefrom.

What is the rule on disposition of properties of the spouses?

Either spouse may dispose by will of his or her interest in the community property. This is

possible because the will takes effect only upon the death. However, neither spouse may

donate any community property without the consent of the other. However, either spouse

may, without the consent of the other, make moderate donations from the community

property for charity or on occasions of family rejoicing or family distress.

 What is the conjugal partnership of gains?

otherer words, the following are placed in a common fund:

1. the proceeds, products, fruits and income from their separate properties; and

2. those acquired by either or both spouses through their efforts or by chance.

What are the exclusive property of each spouse?

(1) That which is brought to the marriage as his or her own;

(2) That which each acquires during the marriage by gratuitous title (through pure liberality,

as in donation and testate/intestate succession);

(3) That which is acquired by right of redemption, by barter or by exchange with property

belonging to only one of the spouses; and

(4) That which is purchased with exclusive money of the wife or of the husband.

What properties belong to the conjugal partnership?

(1) Those acquired by onerous title during the marriage at the expense of the common fund,

whether the acquisition be for the partnership, or for only one of the spouses;

(2) Those obtained from the labor, industry, work or profession of either or both of the

spouses;

(3) The fruits, natural, industrial, or civil, due or received during the marriage from the

common property, as well as the net fruits from the exclusive property of each spouse;

(4) The share of either spouse in the hidden treasure which the law awards to the finder or

owner of the property where the treasure is found;

(5) Those acquired through occupation such as fishing or hunting;

(6) Livestock existing upon the dissolution of the partnership in excess of the number of each

kind brought to the marriage by either spouse; and

(7) Those which are acquired by chance, such as winnings from gambling or betting.

However, losses therefrom shall be borne exclusively by the loser-spouse.

When does the conjugal partnership terminate?

(1) Upon the death of either spouse;

(2) When there is a decree of legal separation;

(3) When the marriage is annulled or declared void; or

(4) In case of judicial separation of property during the marriage.

Can either spouse make donations of conjugal partnership property?

As a rule, neither spouse may donate any conjugal partnership property without the consent

of the other. However, either spouse may, without the consent of the other, make moderate

donations from the conjugal partnership property for charity or on occasions of family

rejoicing or family distress.