Chapter 4: Property Relations

Question 1

True or False

The prenuptial agreement must be in writing and must be recorded in the Local Civil Registry but not in the Register of Deeds

Answer 1

False

must also be recorded at the Register of Deeds where the affected property is located

Question 2

Question

The prenuptial agreement must be in what form?

Answer 2

in writing

Question 3

Question

When should the prenuptial agreement be executed?

Answer 3

prior to the celebration of the marriage

Question 4

Question

Can the prenuptial agreement be amended after the celebration of marriage?

Answer 4

No, amendment may only be allowed before the celebration of marriage

Question 5

True or False

The system of property relationship is applicable only to married persons

Answer 5

True

Question 6

Term

It is used to distinguish a conjugal or community property from an exclusive property.

Answer 6

System of property relations

Question 7

Term

Special contract of permanent union between a man and a woman in accordance with law

Answer 7

Marriage

Question 8

Enumerate

Systems of property relationship

Answer 8

• Absolute community of property
• Conjugal partnership of gains
• Complete separation of property
• Any other regime

Question 9

Question

Governs property relations between husband and wife whose marriage was celebrated before August 3, 1988

Answer 9

Civil Code

Question 10

Question

Governs property relations between husband and wife whose marriage was celebrated on or after August 3, 1988

Answer 10

Family Code

Question 11

Question

If no agreed system before marriage where data of marriage was before August 3, 1988, what system will apply?

Answer 11

Conjugal Partnership of Gains

Question 12

Question

If no agreed system before marriage where marriage is on or after August 3, 1988, the system that will apply is?

Answer 12

Absolute community of property

Question 13

True or False

Stipulations in settlements or contracts in consideration of marriage shall be rendered void if the marriage does not take place

Answer 13

True

Only valid if stipulations do not depend upon the celebration of marriage

Question 14

Term

Property owned by both spouses

Answer 14

Conjugal property

Question 15

Term

Property owned by either husband or wife

Answer 15

Exclusive property

Question 16

Question

Most common regime in the Philippines

Answer 16

Absolute community of property

Question 17

Explain

Absolute community of property

Answer 17

• Spouses become co-owners of all property they bring into the marriage and those acquired by each or both of them during marriage

save for exceptions expressly enumerated by law

Question 18

Question

When shall absolute community of property between spouses commence?

Answer 18

At the precise moment that the marriage is celebrated

Question 19

True or False

In ACoP, any stipulation, express or implied, for the commencement of the community regime at any other time than the celebration of marriage shall be void

Answer 19

True

Question 20

Enumerate

Exclusive property under ACoP

Answer 20

• Property acquired during marriage by gratuitous title by either spouse and the fruits as wll as the income thereof, if any
• Property for personal and exclusive use of either spouse
• Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits and income, if any of such property

1. unless the donor, testator, or grantor expressly provides that it be part of community
2. except jewelry, which forms part of the community property

Question 21

Question

Classification of fruits or income under ACoP

Answer 21

depends on the classification of the principal or source of the fruits

Question 22

Explain

Conjugal partnership of gains

Answer 22

system of property relations under which:
* the husband and wife place in a common fund the proceeds, products, fruits, and income from their separate properties and those acquried by either or both spouses through their efforts or by chance, and upon dissolution of the marriage or of the partnership

Question 23

Question

When does CPoG apply?

Answer 23

• When future spouses agree to it in the marriage settlements; or
• To conjugal partnership of gains already established between spouses before August 3, 1988

Question 24

Enumerate (four)

Exclusive property under CPoG

Answer 24

• That which is brought to the marriage as his or her own
• That which each acquires during the marriage by gratuitous title
• That which is acquired by right of redemption or by exchange with property belonging to only one of the spouses
• That which is purchased with the exclusive money of the wife or the husband

Question 25

# **True or False** All property acquired during the marriage, whether acquisition appears to have been made, contracted, or registered in the name of one or both spouses, is presumed to be exclusive unless contrary is proved.

Answer 25

False | presumed to be conjugal

Question 26

# **Conjugal or Exclusive** CPG: Acquired by onerous title during the marriage at the expense of the common fund, where acquisition was for the partnership

Answer 26

Conjugal

Question 27

# **Conjugal or Exclusive** CPG: That which is acquired by onerous title during the marriage at the expense of the common fund, where acquisition is for only one of the spouses

Answer 27

Conjugal

Question 28

# **Conjugal or Exclusive** CPG: That which is obtained by labor, industry, or work, or profession of either spouses

Answer 28

Conjugal

Question 29

# **Conjugal or Exclusive** CPG: That which is obtained by labor, industry, or work, or profession of both spouses

Answer 29

Conjugal

Question 30

# **Conjugal or Exclusive** CPG: Fruits received during the marriage form exclusive property of each spouse

Answer 30

Conjugal

Question 31

# **Conjugal or Exclusive** CPG: Fruits received or due during the marriage from common property of the spouses

Answer 31

Conjugal

Question 32

# **Conjugal or Exclusive** CPG: Share in hidden treasure discovered during marriage which the law awards to the spouses or to either of them as finder or proprietor

Answer 32

Conjugal

Question 33

# **Conjugal or Exclusive** CPG: Property acquired by occupation by either spouses

Answer 33

Conjugal

Question 34

# **Conjugal or Exclusive** CPG: Livestock existing upon the dissolution of the partnership **in excess** of the number of each kind brought to the marriage by either spouse

Answer 34

Conjugal

Question 35

# **Conjugal or Exclusive** CPG: Those which are acquired by chance, such as winnings from gambling or betting

Answer 35

Conjugal

Question 36

# **Conjugal or Exclusive** CPG: Losses from gambling or betting

Answer 36

Exclusive

Question 37

# **Conjugal or Exclusive** CPG: All properties owned before marriage and brought to the marriage

Answer 37

Exclusive

Question 38

# **Conjugal or Exclusive** CPG: Property through gratuitous transfer

Answer 38

Exclusive

Question 39

# **Conjugal or Exclusive** CPG: Property acquired using exclusive fund

Answer 39

Exclusive

Question 40

# **Community or Exclusive** ACP: Property acquired during marriage through gratuitous title

Answer 40

Exclusive

Question 41

# **Community or Exclusive** ACP: Fruits of property acquired during marriage by gratuitous title by either spouse

Answer 41

Exclusive

Question 42

# **Community or Exclusive** ACP: Fruits of community property

Answer 42

Conjugal

Question 43

# **Community or Exclusive** ACP: Property for personal and exclusive use of either spouse

Answer 43

Exclusive

Question 44

# **Community or Exclusive** Jewelry (whether real or fake gems or stones)

Answer 44

Community

Question 45

# **Community or Exclusive** Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage

Answer 45

Exclusive

Question 46

# **Community or Exclusive** ACP: All properties owned before marriage and brough to the marriage

Answer 46

Community

Question 47

# **Community or Exclusive** Property acquired during marriage (not through gratuitous title)

Answer 47

Community

Question 48

# **Community or Exclusive** ACP: Property acquired during marriage through inheritance or donation where donor provided that they shall form part of the community property

Answer 48

Community

Question 49

# **Community or Exclusive** ACP: Property acquired using common fund

Answer 49

Community

Question 50

# **Co-owned or Exclusive** Unions w/o marriage: Wages and salaries

Answer 50

Co-owned ## Footnote owned by them in equal shares

Question 51

# **Co-owned or Exclusive** Unions w/o marriage: Property acquired by both of them through their work or industry

Answer 51

Co-owned