Conjugal Partnership of Gains

What is the Conjugal Partnership of Gains (CPG)?

The Conjugal Partnership of Gains applies if agreed upon in the marriage settlement. Under this regime, the husband and the wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their effort or by chance, and upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements. This regime is thoroughly explained in this article:

Art. 106. Under the regime of conjugal partnership of gains, the husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements. (142a)

 What are included in the Conjugal Partnership of Gains (CPG)?

  1. Properties acquired by onerous title during the marriage at the expense of the common fund.
  2. Properties obtained during the marriage from the labor, industry, work or profession of either or both spouses.
  3. Fruits from conjugal properties and “net fruits” from separate properties
  4. Share in hidden treasures
  5. Acquired thru chance
  6. Livestock

For further elaboration, the following articles of the Family Code explains that:

Art. 116. All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved. (160a)

Art. 117. The following are conjugal partnership properties:

  • Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses;
  • Those obtained from the labor, industry, work or profession of either or both of the spouses;
  • The fruits, natural, industrial, or civil, due or received during the marriage from the common property, as well as the net fruits from the exclusive property of each spouse;
  • The share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the treasure is found;
  • Those acquired through occupation such as fishing o