This document outlines key differences between absolute community property and conjugal partnership of gains regimes. Absolute community property generally includes all property acquired prior to and during marriage, while conjugal partnership of gains only includes property acquired through onerous title during marriage, excluding gifts and inheritances. There are exceptions for property acquired prior to marriage if included in the marriage settlement up to 1/3 of present value, and for property intended for personal and exclusive use.
Original Description:
Persons and Family Relations (Absolute Community Property and Conjugal Property of Gains)
This document outlines key differences between absolute community property and conjugal partnership of gains regimes. Absolute community property generally includes all property acquired prior to and during marriage, while conjugal partnership of gains only includes property acquired through onerous title during marriage, excluding gifts and inheritances. There are exceptions for property acquired prior to marriage if included in the marriage settlement up to 1/3 of present value, and for property intended for personal and exclusive use.
This document outlines key differences between absolute community property and conjugal partnership of gains regimes. Absolute community property generally includes all property acquired prior to and during marriage, while conjugal partnership of gains only includes property acquired through onerous title during marriage, excluding gifts and inheritances. There are exceptions for property acquired prior to marriage if included in the marriage settlement up to 1/3 of present value, and for property intended for personal and exclusive use.
ABSOLUTE COMMUNITY PROPERTY CONJUGAL PARTNERSHIP OF GAINS
PRIOR TO MARRIAGE GENERAL RULE: GENERAL RULE: Included in ACP Not included in CPG, but fruits of such accruing during marriage are included EXCEPTIONS EXCEPTIONS: When Included in CPG in the marriage settlement, it is subject to the 1. Excluded in Marriage Settlement following limitations: 2. For Personal and Exclusive Use (exception: jewelries are part of ACP) 1. MAY NOT EXCEED 1/3 of Present Property 3. Acquired by Either Spouse who has Legitimate Descendants by a Former 2. MAY NOT INCLUDE properties acquired PRIOR to marriage if either Marriage, including Fruits and Income future spouse has legitimate descendants in former marriage DURING THE MARRIAGE Acquired through GRATUITOUS TITLE GENERAL RULE: NOT INCLUDED in CPG but fruits of such are included Included in ACP EXCEPTIONS: Acquired through ONEROUS TITLE 1. Acquired through GRATUITOUS TITLE including fruits and income unless Exclusive money = Exclusive Property expressly provided by grantor that they form part of the ACP Conjugal Funds = CPG (except if by REDEMPTION) 2. For personal and exclusive use (except jewelry) If right pertains to one of the spouses, it is EXCLUSIVE CPG is only reimbursement once liquidated