Conjugal Partnership of Gains

by PRIME TEAM Radar  June 30, 2015

Question:

Hello PRIME Philippines! I’m getting married seven months from now and I have a question about something property related. Since I was able to save and buy my own house, with the help of my parents two years ago, I’m wondering if I’m going to share the ownership with my future wife the moment we are legally married. What will happen to our properties that we already have when we’re both single?

Answer:

Greetings! In the Philippines, we have what we call the Conjugal Partnership of Gains (CPG). This enables the husband and wife to join their exclusive properties when they were single in a single estate when they get married. In addition to that, properties acquired during their marriage are also part of their conjugal property and is equally owned by the husband and wife. In cases where the husband and wife decide to file for legal separation, divorce or annulment, their exclusive properties that they owned before marriage shall be “taken out of the Conjugal Property” and will be solely owned by each individuals again. Also, in cases where the husband and wife file for “separation of properties in court, the properties acquired by both or any of the spouses during their marriage shall be considered part of their conjugal property and shall be split in half between the two.” But in other scenarios where no one filed a judicial separation of properties when the married couple separated, either of the parties involved can “sell, lease, mortgage, exchange or joint-venture their exclusive properties acquired before their marriage,” noting that it is possible without the consent of the other spouse. But for the properties acquired during their marriage, a notarized written consent from both spouses is needed in order to “sell, mortgage, lease, exchange, donate or joint-venture the Conjugal Property.”

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