A Guide to Property Regimes Under Philippine Law
One of the most common misconceptions in Philippine family law is that "everything becomes shared" once a couple says "I do." While marriage creates a partnership, the fate of assets acquired before the wedding depends entirely on the date of the marriage and the property regime governing the union.
Under the Family Code of the Philippines, the default rule changed significantly on August 3, 1988. Understanding which law applies to your marriage is the first step in determining if "mine" becomes "ours."
1. Marriages Celebrated BEFORE August 3, 1988
For couples married under the old Civil Code (before the Family Code took effect), the default property regime is Conjugal Partnership of Gains (CPG).
The Rule for Prior Assets:
In a CPG, property acquired by a spouse before the marriage remains their exclusive property.
- Ownership: If you bought a condo in 1980 and got married in 1985, that condo stays yours.
- The "Gains" Aspect: While the property itself (the capital) remains exclusive, any income or fruits derived from that property during the marriage (such as rent or interest) becomes conjugal property.
- Key Takeaway: The asset is yours; the profit it makes during the marriage belongs to the partnership.
2. Marriages Celebrated ON or AFTER August 3, 1988
For the vast majority of modern marriages, the default regime is Absolute Community of Property (ACP). This is where the "what’s mine is yours" rule actually applies.
The Rule for Prior Assets:
Under ACP, all property owned by the spouses at the time of the celebration of the marriage—as well as that acquired thereafter—becomes part of the common fund.
- Ownership: If you bought a car while single and married in 2020, that car automatically becomes communal property the moment the ceremony ends.
- The Logic: The law presumes the spouses intend to pool all their earthly possessions into one single estate.
3. Crucial Exceptions to Absolute Community
Even under the ACP regime, not everything acquired while single becomes communal. Article 92 of the Family Code provides specific exclusions:
- Property Acquired by Gratuitous Title: If you inherited a piece of land or received it as a gift before marriage, it is generally yours. However, if the donor or testator (the person who gave it) specifically states it should be part of the community property, it becomes shared.
- Personal Use Items: Property for the personal and exclusive use of either spouse remains exclusive (e.g., clothes, a personal laptop). Jewelry, however, is an exception—it is considered communal property.
- Property from a Prior Marriage: If a person was previously married and has legitimate children from that union, any property acquired during the first marriage remains exclusive to protect the inheritance rights of those children.
4. The Power of the Prenuptial Agreement
The rules mentioned above only apply if the couple did not sign a marriage settlement (Prenuptial Agreement).
If a couple wishes for their pre-marriage assets to remain strictly private regardless of the date of their wedding, they must execute a "Prenup" before the ceremony. In this document, they can elect a regime of Complete Separation of Property, ensuring that what was acquired while single remains yours even after the wedding.
5. Summary Table
| Marriage Date | Default Regime | Status of Pre-Marriage Property |
|---|---|---|
| Before Aug 3, 1988 | Conjugal Partnership of Gains (CPG) | Exclusive. Only the fruits/income become shared. |
| On/After Aug 3, 1988 | Absolute Community (ACP) | Communal. The asset becomes shared instantly. |
| Any Date (with Prenup) | As stipulated | Depends on the contract (usually Exclusive). |
Conclusion
In the Philippines, the transition of property from "single" to "conjugal" (or communal) is not automatic for everyone. It is a question of timing. If you married after 1988 without a prenup, your house, car, and savings account generally became shared property the moment you were wed. If you married before that date, your "capital" remains your own, but your "earnings" belong to the marriage.