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Matrix of Property Regime

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Property Regime
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  ABSOLUTE COMMUNITY REGIME   CONJUGAL PARTNERSHIP OF GAINS   ABSOLUTE SEPARATION   PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE  DEFINITION  A system of property relation that treats properties acquired by the spouses during their marriage as jointly owned. It is that formed by a husband and his wife whereby they place in a common fund the fruits of their separate property, and the income from their work or industry, the same to be divided between them equally upon the dissolution of the marriage or the partnership. The matrimonial property regime agreed upon in the marriage settlement by the future spouses whereby each spouse shall own, dispose of, possess, administer, and enjoy his or her own separate estate and earnings without the consent of the other, with each spouses proportionately bearing the family expenses. The property relations of the parties during the period of cohabitation: a. Without the benefit of marriage or when the marriage is void, or b. When one or both partners are not capacitated to marry, as when one (or both) has an existing or prior marriage which has not been annulled/declared void. BASIS Based essentially on mutual trust and confidence between the spouses and fosters oneness and unity between them. This is in fact the tradition and custom among the great majority of Filipinos and this is the reason why the Family Code adopts this system instead of the conjugal partnership of gains, The capital or properties of the spouses are kept separate and distinct from the benefits acquired by them during the marriage. This constitutes an insurmountable obstacle to the presumption of solidarity between the spouses Based on distrust  which is taken from Spanish law. ESTABLISHMENT The default property regime of the spouses. When it has been agreed upon in the marriage settlement. When it has been agreed upon in the marriage settlement. GOVERNING RULES The rules governing co-ownership shall apply in all matters not provided for in the Family Code. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage settlements.  Art. 143. Should the future   spouses agree in the marriage settlements that their property relations during marriage shall be governed by the regime of separation of property, the provisions of this Chapter shall be suppletory. a. The rules of co - ownership govern the property   relationship of these couples. b. The special co - ownership only covers property acquired by both parties through their actual joint contribution of money, property or industry. This is very similar to an ordinary partnership. EFFECT  Parties deemed as co-owners of properties they both own at the time of the celebration of marriage and those acquired thereafter. Parties retain ownership over their respective properties.  All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other.  to be conjugal unless the contrary is proved. COMMENCEMENT   At the precise moment the marriage is celebrated and any stipulation allowing for the commencement of such system at a later time shall be considered as void. It begins at the precise moment when the marriage is celebrated, exactly like in absolute community of property. If the future spouses failed to choose the system of complete separation of properties in their marriage settlements, it is still possible for them to be governed by this regime during their marriage by going to court for a judicial order. COVERAGE   Art. 91. Unless otherwise provided in this Chapter 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. 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 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 1. Wages and salaries of either the man and the woman  2. Property acquired through the work or industry of either or both    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.
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