CPG Exclusive Property, A109 Family Code
Art. 109. The following shall be the exclusive property of each spouse:
(1) That which is brought to the marriage as his or her own;
(2) That which each acquires during the marriage by gratuitous title;
(3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and
(4) That which is purchased with exclusive money of the wife or of the husband. (148a)
1) NB: Article 109 has suppletory application only, i.e., it is applicable only of the parties failed to stipulate such things in their CPG marriage settlement. Otherwise stated, if the parties have stipulations regarding properties acquired by gratuitous title or those acquired by redemption, then their marriage settlement applies. If they have no such stipulations, then Article 109 shall govern.
1. Brought to marriage as his/her own
Art. 109. The following shall be the exclusive property of each spouse:
(1) That which is brought to the marriage as his or her own; x x x
This statement means that anything a person already personally owns before getting married will remain solely theirs, even after the marriage begins. These items do not become shared or jointly owned just because the marriage takes place. The ownership stays with the original owner, and the other spouse does not gain any legal rights over it simply through the act of marriage. (OpenAI ChatGPT-4 [2025], supra.)
Example 1: Before marrying Lucia, Marco had already purchased a small farm inherited from his grandfather’s cash gift. Even after they tied the knot, that farm stayed Marco’s alone because it was something he owned before they got married. (Ibid.)
Example 2: Anya joined her husband in marriage with a classic painting she had collected years ago. Despite living together for decades, the artwork remained Anya’s personal property, as she brought it into the union. (Ibid.)
Example 3: Samuel entered marriage with a townhouse he bought while working abroad. His wife, Lena, respected that the house was Samuel’s alone since it was clearly acquired before their wedding. (Ibid.)
b. Acquired during marriage by gratuitous title
Art. 109. The following shall be the exclusive property of each spouse:
x x x
(2) That which each acquires during the marriage by gratuitous title; x x x
This means that any property a husband or wife receives for free while they are married—such as through a donation, inheritance, or gift—will belong only to the person who received it. It does not become shared property just because they are married, since it was acquired without cost or exchange. (OpenAI ChatGPT-4 [2025], supra.)
Example 1: Clara received a beachfront lot from her aunt as a birthday gift during her marriage to Luis. Even though they were already married, the property belonged only to Clara because it was given to her without any payment. (Ibid.)
Example 2: During their tenth year of marriage, Edgar’s godfather passed away and left him a valuable watch collection through a will. The collection remained Edgar’s alone and was not considered part of the couple’s joint estate. (Ibid.)
Example 3: While married to Jacob, Rosa was gifted a vintage piano by a grateful former teacher. Since it was given freely and specifically to her, the piano stayed her separate property, even though it was kept in their shared home. (Ibid.)
c. Acquired by right of redemption, barter or exchanged with exclusive property of a spouse
Art. 109. The following shall be the exclusive property of each spouse:
x x x
(3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; x x x
This means that if a husband or wife obtains something by trading, redeeming, or exchanging it using property that only they own, the new item will also belong to them alone. The fact that they’re married doesn’t make the new property shared, as long as it was acquired using only their personal asset. (OpenAI ChatGPT-4 [2025], supra.)
Example 1: Diego owned a motorcycle before getting married. Later, during the marriage, he traded that motorcycle for a small fishing boat. Since the boat was acquired by exchanging his own separate property, it became Diego’s exclusive property. (Ibid.)
Example 2: Leah used a parcel of land she inherited before marriage to redeem a foreclosed family heirloom from a pawnshop. Because she used only her own property in the process, the heirloom remained hers alone, even though she and her husband were already married. (Ibid.)
Example 3: Martin exchanged an antique camera that belonged to him alone for a modern DSLR during the marriage. The new camera stayed his exclusive property because it came from swapping something that was his alone. (Ibid.)
d. Purchased with exclusive money of a spouse
Art. 109. The following shall be the exclusive property of each spouse:
x x x
(4) That which is purchased with exclusive money of the wife or of the husband. (148a)
This means that if a husband or wife buys something using only their own personal funds—not money earned or owned together as a couple—then that purchase will belong solely to the one who paid for it. Even if the item is acquired during the marriage, it stays the exclusive property of the paying spouse if shared money was not involved. (OpenAI ChatGPT-4 [2025], supra.)
Example 1: Camille used savings from her modeling career, which she had set aside before marriage, to buy a designer handbag. Since no joint money was used, the handbag remained hers alone. (Ibid.)
Example 2: While already married, Thomas bought a vintage car using money from a trust fund given to him by his parents. Because the funds were his personal asset and not part of the couple’s joint income, the car became his exclusive property. (Ibid.)
Example 3: Dana received royalties from a book she wrote years before getting married. She used that income to purchase a valuable sculpture. Even though she bought it after the wedding, it belonged to her alone because the payment came from her own exclusive funds. (Ibid.)
