Article 75 of the Family Code: Default property regime: absolute community
Status: In force
What does Article 75 say?
The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern.
What does it mean in plain language?
Article 75 lets future spouses choose their property regime in a marriage settlement, also called a prenuptial agreement or prenup. They may choose absolute community, conjugal partnership of gains, complete separation of property, or any other regime. If they sign no marriage settlement, or the regime they chose is void, the absolute community of property applies. This default is for marriages under the Family Code; couples married before August 3, 1988 follow the older default of conjugal partnership of gains.
A "property regime" is the set of rules that says what the spouses own together, what each owns alone, who manages the property, and how it is divided when the marriage or the regime ends.
Article 74 sets the order of the rules: first the marriage settlement made before the wedding, then the Family Code, then local custom. So a valid prenup comes first, and Article 75 fills the gap when there is none.
How does it work in real life?
Maria and Jose: married in 2015, no prenup
Maria and Jose married in 2015 and signed no marriage settlement. Neither has children from a former marriage. Article 75 makes their regime absolute community. The condo Maria finished paying in 2012 becomes community property under Article 91. A lot her father leaves her in his will in 2020 stays hers, with its rental income, unless the will says it goes to the community (Article 92(1)).
Ana and Ben: married in 1985, no prenup
Ana and Ben married in 1985, before the Family Code. Their default regime is the conjugal partnership of gains under Article 119 of the Civil Code. The farm Ana owned before the wedding stays her exclusive property (Article 109(1)). The net income from the farm during the marriage is conjugal (Article 117(3)).
Carla and Miguel: a prenup
Before their wedding, Carla and Miguel sign a written marriage settlement choosing complete separation of property. Article 75 lets them do that, so absolute community does not apply to them. Their prenup must follow the form in Article 77.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- The wedding date decides the default regime, so it helps to have the marriage certificate at hand. The site's guide explains how to get a PSA marriage certificate.
- Article 22(7) says the marriage certificate states that the parties have entered into a marriage settlement, if any, with a copy attached.
- A prenup cannot be changed after the wedding, except as the Code allows (Article 76). During the marriage, separation of property happens only by court order, unless the marriage settlement expressly provides for it (Article 134).
- Under both main regimes, a spouse cannot sell or mortgage common property without the other's written consent or court authority (Article 96 and Article 124).
- Couples who live together without a valid marriage are not under Article 75. Their property follows Article 147 or Article 148. See do live-in partners share property?
- For how a prenup works, see prenuptial agreement in the Philippines.
What does Article 75 say?
The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern.
Freedom to choose has limits. Article 1 says marriage settlements may fix the property relations "within the limits provided by this Code". For example, the regime starts at the wedding, and any stipulation for another start date is void (Article 88). For the form of a prenup, see Article 77.
What is absolute community of property?
Under absolute community, almost everything the spouses own at the wedding and everything they acquire after becomes common property (Article 91). The main exceptions are in Article 92: property received during the marriage by donation or inheritance, property for personal and exclusive use (but jewelry is common), and property owned before the marriage by a spouse who has legitimate descendants by a former marriage.
The other main regime, conjugal partnership of gains, is narrower. Each spouse keeps what he or she brought to the marriage, and the common fund is made of the income, fruits and gains during the marriage (Articles 106 and 109). For a side-by-side table, see absolute community vs conjugal partnership.
What if we married before the Family Code took effect?
Then the default is different. The Family Code took effect on August 3, 1988, as the Supreme Court noted in Homeowners Savings & Loan Bank v. Dailo (2005). Before that date, Article 119 of the Civil Code applied:
In the absence of marriage settlements, or when the same are void, the system of relative community or conjugal partnership of gains as established in this Code, shall govern the property relations between husband and wife.
So a couple married before August 3, 1988 without a prenup is usually under conjugal partnership of gains. Article 105 of the Family Code says its chapter on conjugal partnership also applies to these older partnerships, "without prejudice to vested rights already acquired" under the Civil Code or other laws. In Dailo, the spouses married in 1967 without a marriage settlement. The Court said conjugal partnership of gains governed them, and it applied the Family Code rule on conjugal property (Article 124) to a mortgage made in 1993.
Frequently asked questions
What property regime applies if we did not sign a prenup?
For marriages under the Family Code, the absolute community of property. Article 75 says it governs in the absence of a marriage settlement, or when the regime agreed upon is void.
My parents married in 1980 without a prenup. Is their property absolute community?
No. Before the Family Code took effect on August 3, 1988, Article 119 of the Civil Code made the conjugal partnership of gains the default. Article 105 of the Family Code says its chapter on conjugal partnership now applies to those marriages, without prejudice to vested rights.
Can we choose a regime after the wedding?
Not by private agreement. Article 76 says changes to the marriage settlements must be made before the wedding. During the marriage, separation of property needs a court order, for example on a joint verified petition (Articles 134 and 136).
Does it matter that we married abroad?
Article 80 says that, without a contrary stipulation in a marriage settlement, Philippine law governs the spouses' property relations wherever they married or live. The rule does not apply where both spouses are aliens, among other exceptions listed in the article.
When does the absolute community start?
At the precise moment the marriage is celebrated. Article 88 says any stipulation for the regime to start at any other time is void.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?