Absolute Community of Property, A88-104 Family Code
1. Concept
1) Absolute Community Property – means that “all properties owned by the spouses before the marriage and those acquired during the marriage become part of a single mass of property, called the community property, which is jointly owned by both spouses.” (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 29 April 2025])
a. Default property regime
Under Philippine law, absolute community of property (ACP) is the default property regime between spouses if there is no valid marriage settlement or prenuptial agreement to the contrary. (Ibid.)
b. Commencement
Art. 88. The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. x x x
1) The system of absolute community of property officially begins the very instant the couple is legally married. From that exact moment, all assets belonging to each spouse, along with those they may acquire later on, are considered part of a single, jointly owned estate, unless excluded by law or agreement. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
1) Contrary stipulation: Void
Art. 88. x x x Any stipulation, express or implied, for the commencement of the community regime [ACP] at any other time shall be void. (145a)
1) Any agreement—whether clearly stated or simply implied—that tries to start the absolute community property regime at a time other than the exact moment of marriage has no legal effect. In other words, the law does not allow spouses to choose a different time for this property system to begin; it can only start at the time the marriage is celebrated. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 1: Carlos and Maria signed a document stating that their absolute community property would begin one year after their wedding. However, this arrangement has no legal force because the law mandates that such a regime starts at the moment of marriage, not later. (Ibid.)
Example 2: Lea and Ramon verbally agreed that their joint ownership of property would only start once they had children. This agreement is invalid under the law, which does not allow couples to delay the beginning of the absolute community property regime. (Ibid.)
Example 3: Sofia included a clause in the marriage settlement with Miguel stating that the absolute community would take effect only after they purchased a house together. Despite their intention, that condition is void since the law fixes the start of the regime at the time of marriage itself. (Ibid.)
c. Non-waiver
Art. 89. No waiver of rights, shares and effects of the absolute community of property during the marriage can be made x x x
Spouses are not allowed to give up, surrender, or renounce their rights, portions, or benefits under the absolute community of property while the marriage is still ongoing. The law prohibits them from making such waivers during their marital union, regardless of any personal agreement they might try to enter into. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
1) Exception: Judicial Separation of Property
Art. 89. x x x except in case of judicial separation of property. x x x (emphasis supplied)
Spouses cannot lawfully give up or relinquish their entitlements, portions, or interests in the absolute community of property while they are still married—unless a court has granted a judicial separation of property. In other words, such a waiver is only valid if the court officially approves the separation of their assets through legal proceedings. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
2) Waiver post-judicial separation or post-dissolution/annulment
a) Public Instrument
Art. 89. x x x
When the waiver takes place upon a judicial separation of property, or after the marriage has been dissolved or annulled, the same shall appear in a public instrument x x x
If a spouse gives up [i.e. waives/renounce] their rights to the community property as a result of a court-ordered separation of property, or once the marriage has legally ended—either through dissolution or annulment—this waiver must be formally recorded in a public document. This ensures that the act of renouncing rights is made official and accessible through proper legal channels. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
b) Recording
Art. 89. x x x
x x x and shall be recorded as provided in Article 77. x x x
Related provision:
Art. 77. The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. They shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties. (122a)
If a spouse gives up their share in the community property, this waiver must be documented following the rules laid out in Article 77. According to that [Article 77], any marriage settlement—or changes to it—must be written, signed by both parties, and completed before the wedding takes place. These agreements cannot affect or be enforced against third parties unless they are officially registered both in the local civil registry where the marriage is recorded and in the appropriate property registries. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
b) Protection to creditors
Art. 89. x x x
x x x The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits. (146a)
If a spouse gives up their share in the community property, and that spouse has outstanding debts, their creditors have the right to ask the court to cancel the waiver—but only up to the amount needed to settle what is owed. This legal remedy ensures that a spouse cannot use the waiver to avoid paying legitimate debts. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
d. Civil Code Co-ownership: Suppletory Application
Art. 90. The provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter. (n)
2. Scope and Exclusions
Related: ACP Scope and Exclusions, A91-93 Family Code
3. Charges and Obligations
Related: ACP Charges and Obligations, A94-95 Family Code
4. Ownership, Administrative, Enjoyment and Disposition
Related: ACP Ownership, Administration, Enjoyment, Disposition, A96-98 Family Code
5. Dissolution and Liquidation
Related: ACP Dissolution, A99-101 Family Code
6. Liquidation
Related:
• ACP Liquidation, A102 Family Code
• Termination of Marriage by Death, A103 Family Code
• Liquidation of Property Regime under the Civil Code, A104 Family Code
