Conjugal Partnership of Gains (Part 2, Articles 116 to 120)

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Section 3. Conjugal Partnership Property

Art. 116. All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the , is presumed to be conjugal unless the contrary is proved.

Art. 117. The following are conjugal partnership properties:

(1) Those acquired by during the marriage at the expense of the , whether the acquisition be for the partnership, or for only one of the spouses;

(2) Those obtained from the labor, , work or of either or both of the spouses;

(3) The , natural, industrial, or civil, due or received during the marriage from the common property, as well as the net fruits from the ;

(4) The share of either spouse in the which the law awards to the finder or owner of the property where the treasure is found;

(5) Those acquired through occupation such as ;

(6) existing upon the dissolution of the partnership of the number of each kind brought to the marriage by either spouse; and

(7) Those which are acquired by , such as winnings from gambling or . However, therefrom shall be borne exclusively by the loser-spouse.

Art. 118. Property paid partly from funds of either or both spouses and partly from funds belongs to the buyer or buyers if was vested before the marriage and to the conjugal partnership if such ownership was vested during the marriage. In either case, by the partnership or by either or both spouses shall be by the owner or owners upon liquidation of the partnership.

Art. 119. Whenever an within a period of time belongs to one of the spouses, the sums which may be collected during the marriage in or by on the principal shall be the exclusive property of the spouse. However, on the principal shall belong to the conjugal partnership.

Art. 120. The , whether for utility or adornment, made on the separate property of the spouses at the or through the acts or efforts of either or both spouses shall pertain to the conjugal partnership, or to the , subject to the following rules:

When the cost of the improvement made by the conjugal partnership and any resulting increase in value are more than the value of the property , the entire property of one of the spouses shall belong to the conjugal partnership, subject to of the owner-spouse at the time of the improvement; otherwise, said property shall be retained in ownership by the owner-spouse, likewise subject to reimbursement of the cost of the improvement.

In either case, the ownership of the entire property shall be vested upon the reimbursement, which shall be made at the time of the .

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