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ACP CPG SP ART 147 ART 148

1. Properties acquired before Yes No exclusive Property owned before Qualify


marriage void marriage still Bigamous - property
exclusive before 2nd marriage
belong to property regime
of 1st marriage
Incestuous - remain
separate
Fruits of 1 Yes Yes exclusive exclusive Refer above
2. Properties acquired during Yes Yes No presumption will apply No. Have to prove actual
marriage forms part of the (presumed equal) contribution, w/o proof,
property regime presumption presumed equal (co-
ownership)
Fruits of 2 Yes Yes Exclusive Exclusive Exclusive
A. Acquired by gratuitous title Exclusive Exclusive (fruits exclusive Exclusive (including Separate if given
including fruits are conjugal) fruits) gratuitously including
fruits

B. Acquired onerously Yes Yes exclusive, (if Qualified (depending on Have to prove actual
including fruits including fruits bought together amount contributed) contribution, w/o proof,
use co- presumed equal (co-
ownership) ownership
3. Property acquired during Yes Exclusive Exclusive Exclusive Exclusive
marriage using exclusive
property
4. Consent for disposition or Needs a written Needs a written No need for Needs consent No need consent, you can
encumbrance of property of consent (96) consent (124) consent for sell your share (governed
regime exclusive by co-ownership)
properties
Support of Children Art 70 (1) Art 94 (1) Art 146 Taken from co-owned Separate property
Yes Yes Proportionate to property depending on the
Subsidiarily Subsidiarily their financial proportion of the spouses
liable liable capacity
Separate Separate
properties, properties,
partners partners
solidarily liable solidarily liable
REGIME OF PROPERTIES RULES ON ACQUISITION/DISPOSAL OF PROPERTIES

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