Conjugal Partnership of Gains (Part 1, Articles 105 to 115)

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Section 1. General Provisions

Art. 105. In case the future spouses agree in the marriage settlements that the regime of conjugal partnership of gains shall govern their property relations during marriage, the provisions in this Chapter shall be of .

The provisions of this Chapter shall also apply to conjugal partnerships of gains between spouses before the effectivity of this Code, without prejudice to already acquired in accordance with the Civil Code or other laws, as provided in Article 256.

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

Art. 107. The rules provided in Articles 88 and 89 shall also apply to conjugal partnership of gains.

Art. 108. The conjugal partnership shall be governed by the rules on the in all that is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage settlements.

Section 2. Exclusive Property of Each Spouse

Art. 109. The following shall be the exclusive property of each spouse:

(1) That which is as his or her own;

(2) That which each acquires during the marriage by ;

(3) That which is acquired by , by barter or by exchange with property belonging to only one of the spouses; and

(4) That which is of the wife or of the husband.

Art. 110. The spouses retain the ownership, , administration and of their exclusive properties.

Either spouse may, during the marriage, of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located.

Art. 111. A spouse of age may , encumber, or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and to litigate with regard to the same.

Art. 112. The of any exclusive property of a spouse administered by the other automatically the administration over such property and the proceeds of the alienation shall be turned over to the .

Art. 113. Property to the spouses, jointly and with designation of , shall pertain to the donee-spouse as his or her own exclusive property, and in the absence of designation, , without prejudice to the when proper.

Art. 114. If the donations are , the amount of the charges shall be borne by the of the donee spouse, whenever they have been by the conjugal partnership of gains.

Art. 115. Retirement benefits, pensions, , gratuities, and similar benefits shall be governed by the rules on as may be proper in each case.

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