Property Relations Between Husband and Wife

Property Relations Between Husband and Wife

What is the system of Conjugal Partnership of Gains and what are the rights, responsibilities and obligations of the spouses under this system?

In Conjugal Partnership of Gains, the husband and wife place in a common fund the proceeds, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance. Upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements.

The following are considered conjugal properties:

a)     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;

b)     Those obtained from the labor, industry, work or profession of either or both of the spouses;

c)      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;

d)     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;

e)     Those acquired through occupation such as fishing or hunting;

f)        Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse; and

g)     Those which are acquired by chance, such as winnings from gambling or betting. However, losses therefrom shall be borne exclusively by the loser-spouse.

The following are considered as exclusive properties or belonging solely to one of the spouses:

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

b)     That which each acquires during the marriage by gratuitous title;

c)      That which is acquired by right of redemption, by barter or by exchange with property belonging to only one spouse;

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

With respect to disposal, sale or alienation, the general rule is that the conjugal properties cannot be alienated or sold or disposed without the consent or agreement of both husband and wife. But the exclusive property can be sold or disposed of by the owner of that property without the consent of the other spouse.

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