What Are The Exclusive Properties Of Spouses In A Conjugal Partnership?

• Property purchased before the marriage and fully paid during the marriage remains to be a separate property of either spouse.

• In a Conjugal Partnership of Gains, all property acquired during the marriage is presumed to be conjugal unless the contrary is proved.

• Property bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal funds belongs to the buyer or buyers if full ownership was vested before the marriage.

In a Conjugal Partnership of Gains, the spouses place in a common fund the proceeds, products, and fruits and income of their separate properties and those acquired thereafter through their efforts or by chance.

Under the Family Code

The following shall remain exclusive property of the owner 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. (Art. 109, FC)

Property purchased before the marriage and fully paid during the marriage remains to be a separate property of either spouse. And, if a future spouse sold his property with right to repurchase before the marriage and reacquired it during the marriage, such property is still the exclusive property of said spouse. However, if the money he or she paid for the repurchase came from the conjugal assets, then, the said spouse must reimburse the conjugal partnership. Note, however, that the reimbursement shall be done at the liquidation of the conjugal partnership.

In case the property has been donated to or inherited by one of the spouses, the said property shall be an exclusive property of such spouse. Accordingly, if someone donates to a married couple a parcel of land, the said land will not be conjugal, but separate property of the spouse, each spouse owning one half of the property. And if a different proportion or designation of shares is made, such will be followed.

• Purchase of Property

In a Conjugal Partnership of Gains, when there is no showing as to when the property was acquired by a spouse, the fact that the title is in one of the spouse’s name, is an indication that the property belongs exclusively to the said spouse. Consequently, if a property is purchased partly with money of the wife and partly with conjugal money, the same is partly conjugal and partly exclusive.

• Presumption of Inclusion of Property In The Conjugal Partnership of Gains

In a Conjugal Partnership of Gains, all property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved. The presumption of conjugality of properties acquired by onerous title during the marriage arises regardless of the source of the funds used to acquire the same.

• Property on Installment

Property bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal funds belongs to the buyer or buyers if full ownership was vested before the marriage. And the property belongs to the conjugal partnership if such ownership was vested during the marriage. In either case, any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation of the partnership. (Art. 118, FC)

Returned OFW Challenges due To The COVID-19 Pandemic

The COVID-19 pandemic resulted in a 75 per cent reduction in deployment of Overseas Filipino Workers (OFWs) in 2020, which constitutes the lowest deployment number in over three decades.

Furthermore, the number of returning OFWs reached nearly 800,000 by the end of December 2020, according to the government’s statistics.

On 20 May 2021, The International Organization for Migration (IOM) Philippines launched the report, COVID-19 Impact Assessment on Returned Overseas Filipino Workers, which is based on interviews with over 8,000 returned OFWs.

The report, part of IOM’s global response to COVID-19 to better understand the challenges as well as the needs of migrant workers, shows that 67 per cent of the assessed OFWs’ decision to return was due to COVID-19, while a very significant 83 per cent of OFWs were unemployed for an average of three months post-arrival.

The report also shows that almost half of OFWs had a 60 per cent drop in their household income upon return.

“The ongoing global COVID-19 crisis and border restrictions continue to have an adverse impact on human mobility with migrant workers and their remittance-dependent communities being some of the most vulnerable groups,” said Kristin Dadey, IOM Philippines Chief of Mission.

“Understanding the impacts of COVID-19 on OFWs and their families is critical to identify emerging gaps in migration governance and international cooperation adhering to the Global Compact for Safe, Orderly and Regular Migration. Findings of the report could support key stakeholders in developing migrant-centered policies and programs with the most recent and relevant information,” continued Dadey.

As Coordinator and Secretariat of the United Nations Network on Migration in the Philippines, IOM has conducted various studies on the impact of COVID-19 on migration to support policy makers and has provided direct assistance to the government’s repatriation efforts.

The report seeks to further complement this initiative by informing future programmes on international recruitment, migrant worker protection in times of crises, and reintegration of returned OFWs.

Collected data is also used to map out returning OFW mobility flows and identify sociodemographic patterns of migration and needs, preferences, skills and experiences of returned OFWs.

“COVID-19 pandemic has presented new challenges for OFWs and highlighted their existing vulnerabilities. There is a particular need to leverage data and analysis collected into policies that will fill existing gaps in migrants’ welfare and safety,” said Gustavo Gonzalez, the UN’s Resident Coordinator and Chair of the UN Network on Migration in the Philippines, echoing the significance of the report.

Hans Cacdac, Overseas Workers Welfare Administration (OWWA) Administrator expressed his appreciation to IOM and the UN Network on Migration in the Philippines for its efforts and cited that the report is useful especially in responding to unforeseen crises such as the COVID-19 pandemic.

“The COVID-19 Impact Assessment on Returned Overseas Filipino Workers will be a key tool in the government’s formulation of future policies and programmes for OFWs,” he said.

The assessment and report were supported with funding from the Government of the Federal Republic of Germany and produced in partnership with the OWWA. (IOM)

COVID-19 Impact Assessment on Returned O

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Download • 39.25MB

Source: IOM

The Cost of a Comfortable Retirement Around the World

When deciding whether to retire abroad, it’s important to consider how far your finances will stretch. Recently, NetCredit conducted a study into how much it costs fpr Americans to retire comfortably in various countries.

Do you have $600k put aside for your retirement? If you’re depending on your savings to keep you in your present lifestyle when you quit work, that’s how much you might need.

Just 14% of Americans in their 40s and 50s have more than half a mil put away – and if you’re in a similar position, you could enjoy a fuller retirement in a more affordable country.

There are many good reasons your retirement fund could be low. Sadly, the lockdown has forced nearly one-third of Americans to slam the breaks on their retirement savings.

In fact, around 9% have withdrawn from their savings just to get by. Even if your savings remain untouched, you might have underestimated what you’ll need to get by or lack the income to save comfortably.

Whether you’re on track to save what you need or not, retiring abroad is a handsome option.

Retirement is an opportunity to learn new things, gain new experiences and meet new people. And many places are much cheaper to live in retirement than the US.

For our latest study, we figured out that to retire at the average age in America (64) with the average life expectancy (78.7) you’d need around $601,489 in the bank.

We applied the same calculations to every country on Earth to see how much a 64 year old would need to maintain the same quality of life: going out once a week, takeout coffee once a week, no smoking, moderate drinking, no taxis or rideshares and two vacations, among other controls.

The result is a series of maps of the most affordable places to comfortably retire around the world.

source: Netcredit