Conjugal Partnership of Gains: Meaning
Quick answer
Conjugal partnership of gains is a property regime in which each spouse keeps the property he or she owned before the marriage, while the income and gains made during the marriage go into a common fund. When the marriage or the partnership ends, the net gains are divided equally, unless the marriage settlement says otherwise. It was the default under the Civil Code, for marriages celebrated before the Family Code took effect on August 3, 1988 without a prenuptial agreement. For later marriages it applies only if the couple chose it.
Also called: CPG, Conjugal property
What does the law say?
Article 106 of the Family Code describes it:
Under the regime of conjugal partnership of gains, the husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance
The same article says the net gains are "divided equally between them, unless otherwise agreed in the marriage settlements."
When does it apply?
- Marriages under the Civil Code, before August 3, 1988, with no marriage settlement. Article 119 of the Civil Code, since repealed by the Family Code, made "relative community or conjugal partnership of gains" the default then. Article 105 of the Family Code says its rules also apply to those partnerships, without affecting rights already acquired. The Family Code took effect on August 3, 1988, as the Supreme Court noted in Republic v. Manalo (2018).
- Later marriages, only if the couple chose it in a prenuptial agreement (Article 75). Without one, absolute community of property applies. See Absolute community vs conjugal partnership of gains for a side-by-side view.
What is exclusive and what is conjugal?
Each spouse's exclusive property includes what he or she brought to the marriage, what he or she received during the marriage for free (such as an inheritance), what he or she got by redemption, barter or exchange with his or her own property, and what was bought with his or her own money (Article 109).
Conjugal property includes, among others (Article 117):
- what either spouse earns from work or profession;
- property bought during the marriage with the common fund;
- the fruits of common property and the net fruits of each spouse's exclusive property;
- winnings from gambling or betting, but losses are borne only by the spouse who lost.
Property acquired during the marriage is presumed conjugal, even if it is in the name of one spouse, unless the contrary is proved (Article 116).
Can one spouse sell conjugal property alone?
No. Under Article 124, both spouses administer the partnership jointly, and a sale or mortgage without court authority or the other spouse's written consent is void. In Homeowners Savings & Loan Bank v. Dailo (2005), a husband had mortgaged conjugal property without his wife's knowledge and consent. The Supreme Court upheld the ruling that the mortgage was void, and said that Article 124 does not limit the nullity to the share of the spouse who signed. See Can a spouse sell conjugal property without consent?.
Example
Made-up illustration: Ana and Ben married in 1985 without a prenuptial agreement, so conjugal partnership of gains applies. Ana's farm from before the wedding stays hers. The net income from its harvests during the marriage is conjugal, and so are both spouses' salaries.
Which provisions use this term?
Frequently asked questions
Which marriages are under conjugal partnership of gains?
Marriages celebrated under the Civil Code, before the Family Code took effect on August 3, 1988, without marriage settlements (Civil Code Article 119, now repealed; Family Code Article 105), and marriages where the couple chose this regime in a marriage settlement.
Is my salary conjugal property?
Yes. Article 117 of the Family Code says property obtained from the labor, industry, work or profession of either or both spouses is conjugal.
Is land I owned before the marriage conjugal?
No. Under Article 109 it stays your exclusive property. But its net fruits during the marriage, such as rentals or harvest income, are conjugal (Article 117).
What if the title is only in my name?
Article 116 presumes that property acquired during the marriage is conjugal, even if it is registered in the name of one spouse, unless the contrary is proved.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?