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CONJUGAL PROPERTY VERSUS ABSOLUTE COMMUNITY OF

PROPERTY
Marriage changes everything including the property relationship. Here are the
basic rules on the effect of marriage to property relationship:

-the spouse cannot sell, donate, lease, mortgage or exchnage properties to each
other;
-in the case of pre-nuptial agreement where the spouses' properties are
separated, either spouse is not allowed to donate more than one-fifth of this or
her property to the other spouse;
-when a property is donated, given or inherited via gratuitous act to either spouse
within their marriage, the receiving spouse reserves the right to own the property
exclusively.
-if there was a pre-nuptial agreement, the terms and conditions within that pre-
nuptial agreement shall apply;
-special cases such as local customs and traditions, may also be applied.

CONJUGAL PROPERTY
-when property is acquire before the husband got married, the property shall be
exclusively his;
-when property is acquired before the wife got married, the property will be
exclusively hers;
-marriage joins exclusive properties as part of one estate within the conjugal
property and the fruits of those properties shall be shared between the husband
and wife for the duration of their marriage;
-in the event the husband and wife file for divorce, annulment or legal separation,
the husband's exclusive property, acquired before the marriage and all its fruits
shall not be included in the conjugal property and will be exclusively owned by
him; the same theory applies to the exclusive property of the wife;
-when the spouses filed for separation of properties in court, the properties that
the husband and the wife acquired during their marriage will be considered part
of their conjugal property and this will be split in half between the wife and the
husband.

ABSOLUTE COMMUNITY OF PROPERTY


-when all properties are acquired by the spouses before their marriage and all
properties acquired during their marriage, it will be considered as part of one
whole estate of the absolute community of property, which is owned by both
parties;
-when all properties are inherited, donated or given gratuitously to either of the
spouse before their marriage shall be considered as part of the absolute
community of property upon marriage, and shall be owned by both parties;
-in the event of divorce, annulment or legal separation, the regime of absolute
community of property shall not be affected and will remain owned by both
spouses, unless the spouses have filed for judicial separate of properties;
-in case the spouses filed Judicial Separation of Properties, the properties within
the Absolute Community of Properties shall be split between the husband and
the wife.

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