A practical guide under the Philippine Family Code

Short answer: it depends on your property regime. Under the default regime (Absolute Community of Property) for marriages celebrated on or after August 3, 1988, what you owned before the wedding generally becomes community property, unless it falls under specific exclusions. Under other regimes (Conjugal Partnership of Gains or Absolute Separation), assets you owned before marriage can remain exclusive.

1) Start with the governing property regime

A. Absolute Community of Property (ACP) — the default today

When it applies: If you did not sign a valid prenuptial agreement (a “marriage settlement”) choosing another regime.
What it covers: All property owned by either or both spouses at the time of marriage and those acquired thereafter, except items expressly excluded by law.
Practical effect: Assets you already owned before marriage are generally pooled into the community, unless excluded (see Section 2 below).

B. Conjugal Partnership of Gains (CPG)

When it applies: Only if you validly chose it in a prenup.
What it covers: Each spouse retains exclusive ownership of property he/she brought to the marriage and property acquired during marriage by gratuitous title, etc. The conjugal partnership owns the fruits/income and gains produced during the marriage (unless the law says otherwise).
Practical effect: Property acquired before marriage is exclusive to the spouse who owned it, but the fruits/income during marriage are generally conjugal.

C. Absolute Separation of Property (ASP)

When it applies: Only if you validly chose it in a prenup.
Practical effect: Each spouse exclusively owns his/her property before and during the marriage (no common pool), subject to family expenses/support obligations as the law provides.

Key takeaway: In ACP, “pre-marriage” assets usually join the community; in CPG and ASP, they remain exclusive.

2) The statutory exclusions under ACP (when “before-marriage” assets stay exclusive)

Even if you are under ACP, the following are exclusive (separate) property:

Gratuitous acquisitions during marriage (donations, inheritance) if the donor/testator so provides; by default, the property is exclusive but its fruits/income are community property unless the donor/testator says otherwise.
Property for personal and exclusive use of a spouse (but jewelry is community property even if for personal use).
Property acquired before the marriage by a spouse who has legitimate descendants from a former marriage; both the property and its fruits/income remain exclusive.

Note: Item (3) is the big “before-marriage” exception inside ACP. If you have legitimate children from a prior marriage, the law ring-fences your pre-marriage property (and its fruits) as exclusive, to protect their legitimes.

3) How classification works in common scenarios

Scenario A: You owned a condo before the wedding

ACP (no prenup): The condo enters the community, unless you have legitimate descendants from a prior marriage (in which case it’s exclusive, and so are its rents), or it qualifies as property for personal and exclusive use (unlikely for a condo).
CPG: The condo remains your exclusive property; rent collected during marriage is generally conjugal.
ASP: The condo and its rents are yours exclusively.

Scenario B: You were buying property on installments before marriage and continued paying after

ACP: Classification typically tracks the legal rule on ownership and the source of funds. If ownership passed only upon full payment/delivery after marriage, expect community classification with reimbursements to the spouse who used exclusive funds pre-marriage. Courts often use pro-rata or reimbursement analyses:
- Payments made with exclusive funds (pre-marriage) → reimbursement/credit to that spouse.
- Payments made with community or conjugal funds (during marriage) → chargeable to the mass that benefited (community/conjugal).
CPG: The asset itself may remain exclusive if acquired with exclusive funds or in exchange for exclusive property; otherwise, gains/fruits are conjugal. Expect reimbursements if conjugal funds enhanced an exclusive asset.
ASP: Each spouse is reimbursed according to actual contributions; no common pool.

Scenario C: Title is in one spouse’s name

**Title is not conclusive. The presumption is that property acquired during marriage is community (ACP) or conjugal (CPG). A spouse claiming exclusivity must prove it (e.g., date of acquisition, source of funds, nature of acquisition such as donation/inheritance, or the “prior-descendants” exclusion).

Scenario D: Improvements and renovations

If community/conjugal funds improve an exclusive property: the community/conjugal partnership is entitled to reimbursement for necessary and useful expenses, and vice-versa if exclusive funds improve community property.
In extreme cases, improvements may increase value significantly; courts resolve by reimbursements (or proportionate shares, depending on the regime and facts).

4) Fruits, income, and increases — who owns what?

ACP:
- Fruits/income of exclusive property acquired by gratuitous title are community property, unless the donor/testator provided otherwise.
- Fruits/income of pre-marriage property of a spouse with legitimate descendants from a prior marriage are exclusive to that spouse.
CPG:
- Fruits/income generated during the marriage from either spouse’s exclusive property generally belong to the conjugal partnership.
ASP:
- Fruits/income belong to the owner-spouse, except as may be used for family expenses/support as required by law.

5) Debts, obligations, and reimbursements tied to “before-marriage” property

Ante-nuptial debts (debts incurred before marriage) are personal. In ACP/CPG, they may be charged to the community/conjugal funds only to the extent the family benefited; otherwise, they remain payable from the debtor-spouse’s exclusive property.
Mortgage payments on a pre-marriage asset made during marriage with community/conjugal funds create a right to reimbursement in favor of the mass that paid.
Taxes, repairs, preservation expenses follow the same logic: the mass that benefited may bear the charge, with reimbursements to keep things equitable at liquidation.

6) Proving exclusivity (burden of proof)

If you claim that an asset is exclusive, you must be ready to prove:

Date and mode of acquisition (e.g., before marriage; by donation, inheritance, exchange for exclusive property).
Source of funds (bank records, deeds of sale, donation/inheritance documents).
Applicable exclusion (e.g., prior legitimate descendants) and any stipulation by donor/testator regarding fruits.
Prenup terms and registration (see next section).

The default presumption for property acquired during marriage is that it belongs to the community (ACP) or conjugal partnership (CPG). While that presumption doesn’t automatically cover assets clearly acquired before the wedding, remember: ACP generally absorbs pre-marriage assets into the community, unless a statutory exclusion applies. Documentation is key.

7) Prenuptial agreements (marriage settlements): how to keep assets exclusive

Form & timing: Must be in writing, signed by both parties, and executed before the wedding.
Registration: To bind third persons, record the prenup in the Local Civil Registry and, as relevant, in the Registry of Deeds/Property.
What you can choose: CPG or ASP, or variations not contrary to law, morals, good customs, public policy.
Modification: Allowed before the wedding; once married, the regime is generally fixed, subject to limited judicial changes in cases the law allows.

Tip: If keeping pre-marriage assets exclusive is important, a properly executed and recorded ASP or CPG prenup provides the clearest path.

8) What if the marriage is void? (Cohabitation rules)

Property acquired before any valid marriage is not governed by ACP/CPG. If the couple cohabited without a valid marriage:

No legal impediment (Art. 147): Property acquired by their joint efforts is co-owned in equal shares (or in proportion to contributions).
With a legal impediment (Art. 148): Only properties acquired by actual joint contributions are co-owned, and shares are strictly proportional to proven contributions.
Exclusive pre-cohabitation property remains with its owner; fruits/income follow the specific Article and proof of contributions.

9) Liquidation and separation

Upon dissolution (death, annulment, legal separation with separation of property, or judicial separation of property):

ACP:
1. Pay community obligations;
2. Reimburse exclusive mass or community, as warranted;
3. Divide the net community equally. Exclusive properties are delivered back to their respective owners.
CPG:
1. Return exclusive properties to each spouse;
2. Settle conjugal obligations;
3. Divide net conjugal gains equally.
ASP: Minimal pooling; focus is on settling mutual obligations (e.g., family expenses) and returning each spouse’s properties.

10) Practical checklist for “before-marriage” assets

Identify your regime (ACP default; otherwise check prenup).
List assets owned before marriage and gather proof of dates/mode of acquisition.
Check exclusions (gratuitous title; personal/exclusive use—note jewelry; prior legitimate descendants).
Trace funds for any installment purchases or improvements spanning pre- and post-wedding.
Prepare for reimbursements at liquidation (keep receipts, bank statements).
If needed, consider a prenup (CPG/ASP) before marrying; ensure proper registration.

Bottom line

Under ACP, pre-marriage property is generally community, not exclusive, unless it falls under statutory exclusions (notably, prior legitimate descendants).
Under CPG or ASP (by prenup), pre-marriage property remains exclusive to the spouse who owned it.
Documentation, fund tracing, and timely prenups are decisive in protecting the classification you intend.

Disclaimer: This guide summarizes key Family Code principles in general terms. Specific facts or newer jurisprudence can affect outcomes. For transactions, estate planning, or litigation, consult a Philippine lawyer with your documents in hand.