ACP Scope and Exclusions, A91-93 Family Code
1. Scope of ACP
Art. 91. Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. (197a)
A. Definition
1) Community property – “consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter.” (FAMILY CODE, Article 91)
2. Exclusions from ACP
a. Acquired by gratuitous title
Art. 92. The following shall be excluded from the community property:
(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, x x x
1) The absolute community property does not include assets that one spouse receives for free during the marriage — such as through a donation, inheritance, or other form of gift. Likewise, any income or earnings produced by those assets are also considered separate and not part of the couple’s jointly owned property. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 29 April 2025])
1) Exception: So expressly stipulated by donor, testator or grantor
Art. 92. The following shall be excluded from the community property:
(1) x x x unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property x x x
1) The absolute community property does not include assets that one spouse receives for free during the marriage — such as through a gift, inheritance, or donation. Additionally, any earnings or produce from those assets are also excluded, unless the person who gave or left the property specifically stated that it should be part of the couple’s shared property. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 1: Isabel inherited a piece of farmland from her grandfather during her marriage to Martin. Since her grandfather did not state that the inheritance should be part of their community property, the land — and the income it generates from harvests — belongs solely to Isabel and is excluded from their shared property. (Ibid.)
Example 2: Lucas received a luxury car as a personal gift from his godfather while married to Nina. Because the donor did not specify that the gift would form part of the couple’s community property, the car remains Lucas’s exclusive property. (Ibid.)
Example 3: Celia was granted an apartment through a will by her aunt. The will clearly stated that the apartment should be included in Celia’s and Jared’s community property. In this case, the apartment becomes part of their shared estate despite being acquired by gratuitous title. (Ibid.)
b. Personal and exclusive use
Art. 92. The following shall be excluded from the community property:
x x x
(2) Property for personal and exclusive use of either spouse. x x x
1) Assets that are intended solely for the individual use of one spouse are not included in the couple’s shared property under the absolute community regime. These are items used only by one spouse in their day-to-day life — such as personal clothing, accessories, or items related to their profession or hobbies — and are considered their own separate property, not jointly owned. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
1) Exception: Jewelry
Art. 92. The following shall be excluded from the community property:
x x x
(2) x x x However, jewelry shall form part of the community property x x x
1) Items that are meant solely for the personal and exclusive use of one spouse are not included in the couple’s shared property under the absolute community regime. These could be things like clothing, personal gadgets, or professional tools used only by one partner. However, jewelry is an exception — even if worn personally — it is considered part of the community property and is jointly owned. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 1: Diana owns a collection of designer handbags that she uses exclusively. These bags are considered her personal property and are excluded from the absolute community. However, her diamond necklace, even though she wears it alone, is included in the community property because it is jewelry. (Ibid.)
Example 2: Marco uses a high-end electric shaver and a tailor-made suit for work, both of which are strictly for his personal use. These items are not part of the community property. But the gold ring he wears daily, which is classified as jewelry, is included in the shared assets. (Ibid.)
Example 3: Ella has a set of makeup tools and hair styling equipment that only she uses. These are considered her individual property. On the other hand, her pearl earrings, although used for personal adornment, are part of the absolute community property because they fall under the category of jewelry. (Ibid.)
c. Acquired before marriage who has legitimate descendants by former marriage
Art. 92. The following shall be excluded from the community property:
x x x
(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. (201a)
1) Any property that a spouse owned before getting married is not included in the absolute community of property if that spouse has legitimate children from a prior marriage. This rule also applies to anything that the property earns or produces — like rent, interest, or harvests. Both the original asset and its income remain separate to ensure that the spouse’s children from the earlier marriage retain their rightful claim. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 1: Victor had a house before marrying Lena, and he has two children from a previous marriage. That house, along with the rental income it generates, stays his separate property and is not included in the property he shares with Lena. (Ibid.)
Example 2: Carmen owned a small farm before her second marriage to Leo, and she has a daughter from her first husband. The farm and its profits from crops are excluded from the community property because of her obligation to her daughter from the earlier union. (Ibid.)
Example 3: Roberto inherited stocks before marrying Isabel, and he also has a son from a former marriage. The stocks and the dividends they yield are not part of his shared property with Isabel, ensuring that his son’s inheritance rights are protected. (Ibid.)
3. Presumption: Favors Community Property
Art. 93. Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom. (160)
1) Under the law, any property that a spouse obtains while married is generally assumed to be part of the shared property of the couple. This presumption stands unless clear evidence is presented showing that the property falls under one of the legal exceptions — such as items received as gifts, inheritance, or for personal use only. The burden of proof lies on the person claiming that the asset should be excluded. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 1: Anna bought a car during her marriage to Luis, so the car is presumed to be part of their community property. However, if Anna can prove that she used money inherited from her father to purchase it, the car may be excluded. (Ibid.)
Example 2: Jorge acquired a painting while married to Clarisse. Since it was bought during the marriage, it is presumed to be jointly owned. But if Jorge shows that it was gifted to him personally by a close friend, the painting can be treated as his separate property. (Ibid.)
Example 3: Lina started a small business while married to Erwin, and the earnings from that business are presumed to belong to both of them. However, if Lina can prove that she used capital she had before the marriage, and she has no children from a previous marriage, some or all of the business assets might be excluded, depending on the circumstances. (Ibid.)
