What is the difference between absolute community and conjugal partnership of gains?

Answer

Under the Absolute Community of Property (ACP), the spouses pool all the property they own at the time of the marriage and all property they acquire afterwards, subject only to limited statutory exclusions such as property acquired during the marriage by gratuitous title (gift or inheritance) and property for the personal and exclusive use of either spouse (Article 92).

Under the Conjugal Partnership of Gains (CPG), each spouse keeps separate ownership of the property he or she brought into the marriage or later acquired by gratuitous title; only the fruits and income of that separate property, and property acquired for valuable consideration during the marriage, fall into the common fund to be divided between the spouses upon dissolution.

Sources & further reading

• Family Code Art. 92 — exclusions from the community
• Full report: property relations of spouses

Cases on this topic

• Ayala Investment v. Court of Appeals
• BPI v. Pesons
• Dela Peña v. Avila
• In re: Bermas
• Noveras v. Noveras
• Pana v. Juanite, Jr.
• Security Bank v. Mar Tierra

Related questions

• What property regime governs a marriage with no marriage settlement?