Absolute Community of Property: Meaning
Quick answer
Absolute community of property is the property regime in which, as a rule, everything the spouses own on the wedding day and everything they acquire afterward becomes common property. It is the default regime under the Family Code: it applies when the couple made no prenuptial agreement, or when the regime they chose is void. It covers marriages from August 3, 1988, the date the Family Code took effect, as the Supreme Court noted in Republic v. Manalo (2018).
Also called: ACP, Community property regime
What does the law say?
Article 75 sets the default:
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.
Article 91 says what it includes:
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.
The community starts at the exact moment of the wedding, and an agreement to start it at another time is void (Article 88).
What stays the separate property of each spouse?
Article 92 lists three exclusions:
- property received during the marriage for free, such as an inheritance or a donation, with its fruits and income, unless the giver expressly said it is for the community;
- property for the personal and exclusive use of one spouse, except jewelry, which is community property;
- property acquired before the marriage by a spouse who has legitimate descendants from a former marriage, with its fruits and income.
Property acquired during the marriage is presumed to be community property unless it is proven to fall under one of these exclusions (Article 93).
Who manages community property?
Both spouses, jointly (Article 96). One spouse cannot sell or mortgage community property without court authority or the other spouse's written consent; otherwise the sale or mortgage is void. Neither spouse may donate community property without the other's consent, except moderate gifts for charity or on occasions of family celebration or family distress (Article 98). See Can a spouse sell conjugal property without consent?.
How is it different from conjugal partnership of gains?
Under absolute community, property brought into the marriage is generally shared. Under conjugal partnership of gains, each spouse keeps what he or she owned before the wedding, and only the gains are shared. Couples can choose a different regime only in a prenuptial agreement signed before the wedding. See Absolute community vs conjugal partnership of gains for a side-by-side view.
Example
Made-up illustration: Maria and Jose married in 2015 without a prenuptial agreement, and neither has children from an earlier marriage, so absolute community applies. The condo Maria paid off in 2012 becomes community property. The lot her father left her in his will in 2020 stays hers, with its rentals, because it was an inheritance and the will did not say otherwise.
Which provisions use this term?
Frequently asked questions
Does the house I bought before the wedding become community property?
As a rule, yes. Article 91 of the Family Code says community property includes all property the spouses owned at the time of the wedding or acquired after, unless the marriage settlement or the law says otherwise. One exception in Article 92 covers a spouse who has legitimate descendants from a former marriage.
Is an inheritance received during the marriage community property?
No, unless the person who left it expressly said it should be. Article 92 excludes property acquired during the marriage by gratuitous title, such as an inheritance or a donation, together with its fruits and income.
Can my spouse sell community property without my consent?
Not alone. Article 96 says a sale or mortgage needs court authority or the written consent of the other spouse. Without it, the sale or mortgage is void, although the law treats it as a continuing offer that the other spouse or the court can still accept before it is withdrawn.
Does absolute community apply to my marriage?
As a rule, it applies to marriages celebrated on or after August 3, 1988, when the Family Code took effect, if the couple made no marriage settlement or the regime they chose is void (Article 75).
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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