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<p><a href="https://lawyerphilippines.org/a-simpler-way-to-divide-conjugal-property/">Conjugal Property</a>&nbsp;is a topic of intense continuing interest and can be quite complex. This article aims to give you an idea of its meaning and what you may want to consider before or during your marriage</p>
<p><strong>What is Conjugal Property?&nbsp;</strong>&nbsp;Conjugal Property is property that belongs to both Spouses. When you marry, part or all of your property becomes Conjugal Property. Part or all of your Spouse&rsquo;s property also becomes Conjugal Property.</p>
<p>When people marry, they may specify which of their property is included as Conjugal Property. They need to have a Prenuptial Agreement to do this. You can read more about Prenuptial Agreements later in this article.</p>
<p>Conjugal Property can be a concern between separating Spouses, especially if one or both Spouses had property prior to the marriage and a Prenuptial Agreement wasn&rsquo;t executed.</p>
<p>If a Prenuptial Agreement was formed, then one of the below property regimes can be picked. If not, then the Default Property Regime comes into play based on the year of marriage.</p>
<p>&nbsp;</p>
<p>There are several types of&nbsp;<strong>Conjugal Property Regimes.</strong>&nbsp;The one that applies to you depends on your situation and the facts.</p>
<ul>
<li><a href="https://lawyerphilippines.org/conjugal-property/#What_is_Absolute_Community_of_Property">Absolute Community of Property (Default Property Regime for marriages after 3 August 1988)</a></li>
<li><a href="https://lawyerphilippines.org/conjugal-property/#What_is_Conjugal_Partnership_of_Gains">Conjugal Partnership of Gains which is the income and property generated during the marriage</a></li>
<li><a href="https://lawyerphilippines.org/conjugal-property/#What_is_Complete_Separation_of_Properties">Complete Separation of Property where there is no Conjugal Property</a></li>
<li>Other</li>
</ul>
<p>These different Conjugal Property regimes come into play in different ways and Conjugal Property has several effects.</p>
<p>It affects the Disposal or&nbsp;<a href="https://lawyerphilippines.org/cancellation-of-encumbrance-sec-7-ra-26/">Encumbrance</a>&nbsp;of Property as both Spouses must now agree.</p>
<p>This article discusses each type of Conjugal Property Regime so that you know how it affects you and what happens&nbsp;<a href="https://lawyerphilippines.org/3-ways-to-legally-separate-philippine-marriages/">when a marriage ends and spouses are separating</a>.</p>
<p>In cases we have handled, Conjugal Property can be complex especially if there were many assets. Please&nbsp;<a href="https://lawyerphilippines.org/contact-us/" target="_blank" rel="noopener">contact us</a>&nbsp;if you have questions.</p>
<p>&nbsp;</p>
<div id="attachment_5175" class="wp-caption aligncenter"><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/kY4H2fRcxM2ulBL5uNKH59N2MYx9gFQQLpdSS7qp.webp" alt="A husband and wife holding hands next to a yellow house, with a blue door and shuttered windows and a For Sale sign with a red line through it. Article Conjugal Property by Lawyers in the Philippines" width="911" height="607"><br>
<p id="caption-attachment-5175" class="wp-caption-text">The Default Property Regime is called Absolute Community of Property but a Prenuptial Agreement allows for other Conjugal Property arrangements.</p>
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<p id="caption-attachment-5177" class="wp-caption-text">A Prenuptial Agreement or Marriage Settlement enables you to safeguard your property BUT it must be entered into before the marriage.</p>
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<p>&nbsp;</p>
<p><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/zpNpmKEoteuH1TtTmQnkXRegnjS9qoyW954z9GX8.webp" alt="Two hands forming a handshake. One hand extending from a blue suit and a feminine hand with polished nails. Underneath the hands is a legal document and pen signifying a Prenuptial Agreement. Absolute Community of Property, Conjugal Partnership of Gains, Conjugal Property, Inheritance part of Conjugal Property?" width="872" height="581"></p>
<p>Unless there is a Marriage Settlement (Prenuptial Agreement) executed before you married, then Philippine Law dictates your Conjugal Property Regime based on your year of marriage.</p>
<p>If you were married&nbsp;<strong>prior to</strong>&nbsp;August 3, 1988 then Conjugal Partnership of Gains applies</p>
<p>If you were married&nbsp;<strong>on or after</strong>&nbsp;August 3, 1988 then Absolute Community of Property applies.</p>
<p>So, if you have no Prenuptial Agreement, the date you were married determines your Conjugal Property Regime.</p>

<p><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/YZQ9U2zqbgckYLRpl4mBaSzb92uRgcuHYlHCB1gC.webp" alt="Conjugal property philippines Understanding Property Regimes in the Philippines" width="888" height="592"></p>
<p>Each conjugal property regime has different legal implications.</p>
<ul>
<li aria-level="1">In case of&nbsp;<a href="https://lawyerphilippines.org/annulment-in-the-philippines/">annulment</a>&nbsp;under an absolute community regime, all properties are shared equally.</li>
<li aria-level="1">In case of annulment under conjugal partnership of gains, the conjugal property is formed by the assets acquired during marriage.</li>
<li aria-level="1">In case of annulment under separate property, there is no conjugal property so each person retains ownership of their own property.</li>
<li aria-level="1">In situations of legal separation, the &ldquo;innocent spouse&rdquo; may claim all conjugal properties if it can be demonstrated that they were not at fault but this type of case does not end the marriage and is often hostile and combative.</li>
</ul>
<p>Because each different type of Conjugal Property regime has different implications, it is important to understand each type of Conjugal Property Regime.</p>
<p>I&rsquo;ll go through each in detail below.</p>

<p>In a Conjugal Partnership of Gains, the Conjugal Property is the income or property generated by both Spouses during the lifetime of the marriage.</p>
<p>Any separate property either Spouse had prior to their marriage remains theirs alone.</p>
<p>This was the Default Marriage Regime before August 3, 1988. It&rsquo;s Effectivity is when the marriage was celebrated.</p>
<p>A Conjugal Partnership of Gains can be waived before marriage through a Marriage Settlement or Prenuptial Agreement.</p>
<div id="attachment_5165" class="wp-caption aligncenter"><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/2s4JhzPtXamEO1GysnplpLXbDq832PwXyKWJUERC.webp" alt="A woman in a pink circle with a blue car signifying the property she brought into a marriage which remains hers alone under Conjugal Partnership of Gains. On the left a man in a blue circle with a Condominium block and a red car which remain his. Inheritance part of Conjugal Property?" width="885" height="590"><br>
<p id="caption-attachment-5165" class="wp-caption-text">Under Conjugal Partnership of Gains, only properties and income that were gained during the marriage form the Conjugal Property.</p>
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<p>With Absolute Community of Property, properties separately held before the marriage become part of the Conjugal Property once the marriage has taken place.</p>
<p>While in Conjugal Partnership of Gains, only the income and properties accumulated during the marriage are considered Conjugal Property.</p>
<p>Conjugal Partnership of Gains can be rather complicated when you actually sit down to calculate it.</p>
<div id="attachment_5172" class="wp-caption alignnone"><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/g8zr1LieSGcH7jRm9PKLGxsHTdq0M0oGCTD85JtT.webp" alt="An orange house with a blue door, a bank card and a bride and groom, signifying a property bought on installment. Absolute Community of Property by Lawyers in the Philippines. Absolute Community of Property, Conjugal Partnership of Gains, Inheritance part of Conjugal Property?" width="887" height="591"><br>
<p id="caption-attachment-5172" class="wp-caption-text">Is property bought on installment also part of the marriage Conjugal Property? Well, it depends.</p>
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<p>&nbsp;</p>
<p>For instance, what happens when a property is bought on installment before the marriage with exclusive funds?&nbsp; In this situation, it is part of Conjugal Property if ownership was transferred before the marriage.</p>
<p>When ownership was not transferred before the marriage, then it becomes a discussion. Case facts have to be analyzed and an assessment prepared.</p>
<p>Things can quickly become complicated.</p>
<p>The full text of Art 116 to Art 120 of the&nbsp;<a href="https://lawphil.net/executive/execord/eo1987/eo_209_1987.html" target="_blank" rel="noopener">Family Code</a>&nbsp;dictate what Conjugal Property is in a marriage governed by Conjugal Partnership of Gains.</p>
<p>&nbsp;</p>
<h4>Are there properties that are excluded from the Conjugal Partnership of Gains?</h4>
<p>Yes, properties excluded from Conjugal Partnership of Gains are:</p>
<ul>
<li>Exclusive Properties owned before marriage</li>
<li>Properties transferred by Gratuitous Title during the marriage, or</li>
<li>Those bought with the exclusive money/property of one of the Spouses.</li>
</ul>
<p>&nbsp;</p>
<p>Just to reiterate &ndash;</p>
<p>Property owned by one Spouse before marriage remains the property of that Spouse even after marriage.</p>
<div id="attachment_5168" class="wp-caption alignnone"><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/ge37tppKl3xMZ44DSkFR5cjsOfxeSBc1r2Hzuwb4.webp" alt="A hand offering a key to a man in a blue sweater. Underneath is the car the key belongs to, signifying that some pre-owned property can be excluded from Conjugal Property under certain Property Regimes. Absolute Community of Property, Conjugal Partnership of Gains, Inheritance part of Conjugal Property?" width="891" height="594"><br>
<p id="caption-attachment-5168" class="wp-caption-text">Some properties are excluded from the Conjugal Property under Conjugal Partnership of Gains.</p>
</div>
<p>&nbsp;</p>
<p>Property that has been obtained with the exclusive money of one Spouse is the property of only that Spouse.</p>
<p>And Property that was donated or<a href="https://lawyerphilippines.org/philippine-inheritance-and-foreign-wills/">&nbsp;Inherited</a>&nbsp;by a Spouse during the marriage remains that Spouse&rsquo;s property.</p>
<p>Basically, everything that is exclusively acquired by either Spouse or before during the marriage or transferred through Gratuitous Title is separate property in Conjugal Partnership of Gains.</p>
<p>&nbsp;</p>
<h4>What happens to the Conjugal Property under Conjugal Partnership of Gains when a marriage ends?</h4>
<div id="attachment_5174" class="wp-caption alignnone"><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/mlSFmMrnmBNM07nY4b7yabTMOgxkNxXliDFNPNLX.webp" alt="An orange house split in half. A husband and wife stand on opposite sides of the house. The wife is holding an Order of Dissolution of Marriage. Under Conjugal Partnership of Gains, What happens to property when a marriage is dissolved? Inheritance part of Conjugal Property?" width="890" height="593"><br>
<p id="caption-attachment-5174" class="wp-caption-text">What happens to property when a Conjugal Partnership of Gains marriage is dissolved?</p>
</div>
<p>&nbsp;</p>
<p>When a marriage ends Exclusive Property continues to belong to the owner Spouse, while Conjugal Property is divided jointly in&nbsp;<a href="https://lawyerphilippines.org/annulment-in-the-philippines/" target="_blank" rel="noopener"><strong>Annulment</strong></a>, or awarded to the Innocent Spouse in&nbsp;<a href="https://lawyerphilippines.org/legal-separation-in-the-philippines/" target="_blank" rel="noopener"><strong>Legal Separation</strong></a>.</p>
<p>Let me explain:</p>
<p>First, Exclusive Property is property that belonged to the Spouse prior to the marriage or was bought with the Spouse&rsquo;s Exclusive Property or funds. It also is property that was transferred by Gratuitous Title. Exclusive Property can be complicated to determine so please talk to a lawyer or contact us for questions.</p>
<p>What remains after Exclusive Property is removed is Conjugal Property.</p>
<p>Conjugal Property can be given to one or both of the Spouses depending on the case used to end the marriage.</p>
<p>If the marriage ended through&nbsp;<a href="https://lawyerphilippines.org/annulment-in-the-philippines/"><strong>Annulmen</strong>t</a>, the net proceeds of the marriage are divided jointly.</p>
<p>If the marriage ended through&nbsp;<a href="https://lawyerphilippines.org/legal-separation-in-the-philippines/"><strong>Legal Separation</strong></a>&nbsp;however, the net proceeds of the marriage are awarded to the Innocent Spouse.</p>
<p>These are very different outcomes and very different cases.</p>
<p>Legal Separation is costly, time-consuming and risky as it is possible that one Spouse completely loses all rights to the Conjugal Property. Annulment is cheaper and easier, even though the property ends up being split evenly.</p>
<p><a href="https://lawyerphilippines.org/how-is-the-marriage-property-divided-in-legal-separation/"><em><strong>Read more in:&nbsp;</strong></em>How is the marriage property divided in Legal Separation?</a>&nbsp; This explains how properties under Conjugal Partnership of Gains are separated in Legal Separation cases.</p>
<p>Either way, dividing property under the marriage regime of Conjugal Partnership of Gains can be very complex and you do need&nbsp;<a href="https://lawyerphilippines.org/contact-us/">legal counsel</a>&nbsp;for this.</p>

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<div id="attachment_5164" class="wp-caption aligncenter"><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/asRGbiFqftCwfecNm8Mf1wzynW1lfNXIfn02R1Lq.webp" alt="A husband on the left behind him is a house and car there is a white zigzag line indicating separation of properties and an angry wife is on the right standing in front of a blue car. Complete Separation of Properties by Lawyers in the Philippines" width="881" height="587"><br>
<p id="caption-attachment-5164" class="wp-caption-text">Properties of a husband and wife are completely separate from each other</p>
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<p>&nbsp;</p>
<p>&nbsp;</p>
<p>Complete Separation of Properties is exactly as stated.&nbsp; It means that there is no Conjugal Property.</p>
<p>Instead, whatever was Exclusively Owned prior to the marriage is retained by the owner-Spouse after and during the marriage.</p>
<p>This pertains to any income or livelihood as well as to property.</p>
<p>This can be done with a Prenuptial Agreement that must be executed before the marriage.</p>
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<p>Before marriage, Philippine law allows the future spouses to determine the property regime they want to govern their marriage. Note that this can only be done before the marriage, NOT after.</p>
<p>Having a Prenuptial Agreement can &lsquo;protect&rsquo; an inheritance or property and help you avoid the default Conjugal Property Regime. [<a href="https://lawphil.net/executive/execord/eo1987/eo_209_1987.html" target="_blank" rel="noopener">Family Code</a>, Art 80]</p>
<p>A Prenuptial Agreement or Marriage Settlement must be drawn up, signed, notarized and executed before the marriage takes place. It must also be filed in the appropriate government offices.</p>
<p>Before you marry you may decide on any one of the 3 Regimes available:</p>
<p><strong>1. Absolute Community of Property</strong><br>This means all property owned by either Spouse becomes Conjugal Property when the marriage is celebrated except for Exclusive Property*.</p>
<p><strong>2. Conjugal Partnership of Gains</strong><br>The Conjugal Property is only the income or property generated by both Spouses during the marriage except for Exclusive Property.</p>
<p><strong>3. Complete Separation of Property</strong><br>Each Spouse keeps individual ownership of any property they had prior to the marriage as well as any property they acquire individually during the marriage</p>
<p>* Exclusive Property is property which is donated or inherited after the marriage. Exclusive Property should be transferred to your name after the marriage, NOT before. If transferred to your name before the marriage, it forms part of Conjugal Property.</p>
<p>If a Prenuptial Agreement was not formed then the Default Property Regime comes into play based on the year of marriage (Conjugal Partnership of Gains applies if you were married prior to 3 August 1988. Absolute Community of Property for marriages after 3 August 1988).</p>
<p>&nbsp;</p>
<div id="attachment_5176" class="wp-caption alignnone"><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/LYweFKXiKIl3k9dg265TwWdNJ4b2h6mpSNfnWLR0.webp" alt="A picture of a man looking at a document which explains the three main Conjugal Property options. Absolute Community of Property, Conjugal Partnership of Gains and Complete Separation of Property" width="885" height="590"><br>
<p id="caption-attachment-5176" class="wp-caption-text">You have the option to decide what Property Regime to use but this can only be done before marriage and through a Prenuptial Agreement!</p>
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<p>&nbsp;</p>
<p>Additionally, the law provides a vague 4th option of &ldquo;Any Other Regime&rdquo; but only as long as the Regime opted for is a valid one.</p>
<p>A Valid Regime is a regime that doesn&rsquo;t break Philippine laws, which means that it is wise to get expert advice to draft it.</p>
<p>A side note: These Property Regimes may not apply in certain instances. For instance, when there are 2 foreign Spouses or when a contract is executed regarding property outside the Philippines.</p>
<p>&nbsp;</p>
<div id="attachment_5171" class="wp-caption alignnone"><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/1dElREcYMDzVT1FrhIDUmYrK69uvGrnPCS01JAbj.webp" alt="A Filipino Groom marrying a blonde foreign national bride who has a condominium to the side of her indicating she has her own property prior to the marriage. Article Conjugal Property by Lawyers in the Philippines" width="887" height="591"><br>
<p id="caption-attachment-5171" class="wp-caption-text">Conjugal Property becomes more complicated when there is a marriage between a foreigner and a Filipino.</p>
</div>
<p>&nbsp;</p>
<p>Things are straightforward when the marriage is between 2 Filipinos and concerns only Philippine property. But what happens when there is a foreign element?</p>
<p>Well, then things get a little tricky.</p>
<p>In cases where a foreigner is married to a Filipino or a there is foreign property, a Prenuptial Agreement has to decide how to address inevitable conflicts in foreign law. It may be possible to exclude these but you should really consult with legal counsel for cases like this.</p>
<p>In addition, you might want to consult counsel when you want to create a special Pre-nup due to particular family situations.</p>
<p>This might be when you have an interest in a family Corporation and are executing the Pre-nup to protect the company.</p>
<p>Or, it may occur for properties you want to personally hold for sentimental or other reasons.</p>

<div id="attachment_5169" class="wp-caption aligncenter"><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/dYVY317d8dNIwcGBDl4bxIeEo4GOfOJWwXmkbcqZ.webp" alt="A picture of a wife surrounded by floating bank notes and the word Inheritance behind her. Is inheritance part of Conjugal Property? In Absolute Community of Property, Conjugal Partnership of Gains and Complete Separation of Property, properties inherited during the marriage are excluded from Conjugal Property." width="887" height="591"><br>
<p id="caption-attachment-5169" class="wp-caption-text">Inheritance transferred to your name before marriage is part of Conjugal Property.</p>
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<p>&nbsp;</p>
<p>&nbsp;</p>
<p>Is inheritance part of Conjugal Property?&nbsp; Well, it depends when you received your inheritance.</p>
<p>In Absolute Community of Property, Conjugal Partnership of Gains and Complete Separation of Property, properties inherited&nbsp;<strong>during</strong>&nbsp;the marriage are excluded from Conjugal Property.</p>
<p>However, inherited property does form part of Conjugal Property&nbsp;<strong>IF</strong>&nbsp;you inherited it prior to marriage and the Estate was already settled.</p>
<p>There are ways to protect your inherited property in the event of a separation and you would be best served discussing this with a&nbsp;<a href="https://lawyerphilippines.org/contact-us/" target="_blank" rel="noopener">Lawyer</a>.</p>
<p>It is admittedly a bit difficult so its really best to try to avoid the issue altogether by simply having a Prenuptial Agreement in place before the marriage.</p>

<p>This depends on the facts.</p>
<p>An Illegitimate child (non-marital child) is entitled to inherit from his parent as he is a&nbsp;<a href="https://lawyerphilippines.org/compulsory-heirs-under-philippine-law/" target="_blank" rel="noopener">Compulsory Heir.</a></p>
<p>His parent&rsquo;s portion will depend on the type of Conjugal Property Regime in place.</p>
<div id="attachment_5170" class="wp-caption aligncenter"><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/ZThRKD7w6HG1GTz0qm1jr1ecpMtYvoTmAQOEUHPH.webp" alt="A hand emerging from a suit sleeve and holding a bag of Philippine Pesos. An upset child is waiting to receive the bag of money which is his inheritance. Is Inheritance part of Conjugal Property? Absolute Community of Property, Conjugal Partnership of Gains." width="887" height="591"><br>
<p id="caption-attachment-5170" class="wp-caption-text">An Illegitimate child is entitled to the equivalent of half a Legitimate child&rsquo;s share of an Estate</p>
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<p>&nbsp;</p>
<p>If&nbsp;<strong>Absolute Community</strong>&nbsp;is the Property Regime, half of the total Conjugal Property is the parent&rsquo;s portion. Some exceptions may apply such as when a Pre-nup Agreement is in place, when there is Exclusive Property, or when other provisions have been made.</p>
<p>If&nbsp;<strong>Conjugal Partnership of Gains</strong>&nbsp;is involved, then the parent&rsquo;s share is half of the total income and assets generated during the marriage. This can be complicated to compute depending on how many assets there are and how long the marriage was.</p>
<p>In&nbsp;<strong>Complete Separation of Property</strong>, there is no Conjugal Property. Each Spouse owns his own property and assets and the Illegitimate child will inherit from that in line with&nbsp;<a href="https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html" target="_blank" rel="noopener">Philippine Inheritance Law</a>.</p>
<p>From his parent&rsquo;s share, an Illegitimate child usually inherits &frac12; the share of a Legitimate child.</p>
<p>&nbsp;</p>
<div id="attachment_5166" class="wp-caption aligncenter"><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/x3ye9Io9DFrq9fVOQDC4aMk4CrlfGmb61fdhAAVR.webp" alt="A woman holding a baby with a toddler by her side, grieving in front of a coffin. A ghostly image of her husband the family home and a bag of Philippine Pesos in faded grey is to the right of the coffin. Article Conjugal Property by Lawyers in the Philippines" width="878" height="585"><br>
<p id="caption-attachment-5166" class="wp-caption-text">Where the deceased was married, the Legal Spouse will have a share of the Conjugal Property.</p>
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<p>This depends on the facts.</p>
<p>An Illegitimate child is entitled to inherit from his parent as he is a&nbsp;<a href="https://lawyerphilippines.org/compulsory-heirs-under-philippine-law/" target="_blank" rel="noopener">Compulsory Heir.</a></p>
<p>His parent&rsquo;s portion will depend on the type of Conjugal Property Regime in place.</p>
<div id="attachment_5170" class="wp-caption aligncenter"><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/JWetGj4MBs1WRDysxWle8g3xfHjg2wBBsSlDvDuG.webp" alt="A hand emerging from a suit sleeve and holding a bag of Philippine Pesos. An upset child is waiting to receive the bag of money which is his inheritance. Is Inheritance part of Conjugal Property? Absolute Community of Property, Conjugal Partnership of Gains." width="890" height="593"><br>
<p id="caption-attachment-5170" class="wp-caption-text">An Illegitimate child is entitled to the equivalent of half a Legitimate child&rsquo;s share of an Estate</p>
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<p>&nbsp;</p>
<p>If&nbsp;<strong>Absolute Community</strong>&nbsp;is the Property Regime, half of the total Conjugal Property is the parent&rsquo;s portion. Some exceptions may apply such as when a Pre-nup Agreement is in place, when there is Exclusive Property, or when other provisions have been made.</p>
<p>If&nbsp;<strong>Conjugal Partnership of Gains</strong>&nbsp;is involved, then the parent&rsquo;s share is half of the total income and assets generated during the marriage. This can be complicated to compute depending on how many assets there are and how long the marriage was.</p>
<p>In&nbsp;<strong>Complete Separation of Property</strong>, there is no Conjugal Property. Each Spouse owns his own property and assets and the Illegitimate child will inherit from that in line with&nbsp;<a href="https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html" target="_blank" rel="noopener">Philippine Inheritance Law</a>.</p>
<p>From his parent&rsquo;s share, an Illegitimate child usually inherits &frac12; the share of a Legitimate child.</p>
<p>&nbsp;</p>
<div id="attachment_5166" class="wp-caption aligncenter"><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/ApH4iIFqvikEsH6lW07GZFDE4DCBeYLo8cbMqFYj.webp" alt="A woman holding a baby with a toddler by her side, grieving in front of a coffin. A ghostly image of her husband the family home and a bag of Philippine Pesos in faded grey is to the right of the coffin. Article Conjugal Property by Lawyers in the Philippines" width="857" height="571"><br>
<p id="caption-attachment-5166" class="wp-caption-text">Where the deceased was married, the Legal Spouse will have a share of the Conjugal Property.</p>
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<p>When a Spouse passes away, the Conjugal Property of Absolute Community ends and the property is shared among the Heirs.</p>
<p>Philippine law determines who the Heirs are and how much they inherit.</p>
<p>Even Wills are subject to these laws, and must provide for the Legal Heirs or risk being void.</p>
<p>Wills are only allowed to determine the Inheritor for the so-called &ldquo;free-portion&rdquo; of the Estate. However, Inheritance is not automatic.</p>
<p>Estate Taxes and other administrative items have to be accomplished for land to be retitled or shares transferred. Inheritance through a Will will also require&nbsp;<a href="https://lawyerphilippines.org/how-to-probate-a-will-in-the-philippines/" target="_blank" rel="noopener">Probate</a>.</p>
<p>You can read more about Heirs and Inheritance Law&nbsp;<a href="https://lawyerphilippines.org/compulsory-heirs-under-philippine-law/" target="_blank" rel="noopener">here</a>.</p>
<p><a href="https://lawyerphilippines.org/how-to-transfer-land-heirs-philippines-extrajudicial-settlement-philippine-land-inheritance/"><em><strong>Read more in:&nbsp;</strong></em>How to transfer land to heirs in the Philippines which discusses this 7-step process in detail.</a></p>
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<p><img src="https://haspcms-fcb-lawyer.s3.ap-southeast-1.amazonaws.com/tinyeditor_uploads/khAVaUCOR3AkOdD1assltrYLiPFluvt7cJ9edR5q.webp" alt="Conjugal Property Philippines Practical Advice" width="899" height="506"></p>
<p>Conjugal Property affects so many things.&nbsp;</p>
<p>Both the spouses have rights to each other&rsquo;s property, meaning that they inherit from each other and may need each other&rsquo;s signature before selling, leasing or buying property.&nbsp;</p>
<p>Furthermore, if inherited property is transferred to one of the spouses before marriage it may be inherited by the other spouse or that&rsquo;s spouse&rsquo;s children.</p>
<p>Because it affects so many things, it is very important to discuss this with your future spouse before you marry so that each of you knows what to expect and is protected.&nbsp;</p>
<ul>
<li aria-level="1">Regularly assess and discuss financial assets together.</li>
<li aria-level="1">Seek legal advice when formulating a prenuptial agreement as a prenuptial agreement is the best way to protect your assets, and it can get complicated depending on the number of assets and what each person wants done.</li>
<li aria-level="1">Maintain records of personal contributions to any joint assets</li>
</ul>