Exclusions from the absolute community of property and conjugal partnership of gains

Getting married, Congratulations! We explain the exclusions under the Absolute Community of Property and the Conjugal Partnership of Gains. Knowing these differences will help you make a decision in choosing the right property regime for you.

Under the Family Code of the Philippines, there are property regimes such as:

(1) Absolute Community of Property;

(2) Conjugal Partnership of Gains; and

(3) Complete Separation of Property.

Absolute Community Property (ACP) is the default property regime for couples married without marriage settlement (or a prenuptial agreement) on or after August 3, 1988, which is the date of effectivity of the Family Code. It includes all the properties owned by either spouse before the marriage and all the properties acquired during the marriage which are not otherwise excluded. (Article 91, Family Code) Properties falling under the ACP are owned by the spouses in common regardless of whose name appears on the title or who paid for it.

On the other hand, in the Conjugal Partnership of Gains (CPG) regime, each spouse retains ownership of the property they brought into the marriage, but the income or fruits from these properties and all assets acquired during the marriage are jointly owned. (Article 106, Ibid.) Essentially, the spouses share the gains or profits acquired during the marriage under the CPG regime. The CPG can only apply if the spouses agree to it in a marriage settlement or pre-nuptial agreement before marriage. (Article 105, Family Code)

Regarding the exclusions from the ACP and the CPG, these are stated in the Family Code of the Philippines, specifically under Articles 92 and 109 of the said law, respectively.

Under Article 92 of the Family Code of the Philippines, the following shall be excluded from the ACP:

(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property;

(2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property;

(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.

On the other hand, the following shall be excluded from the CPG under Article 109 of the said law:

(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.” We hope that we were able to answer your queries.

Source: Ziggurat Real Estate

The danger of OFWs starting businesses

Overseas Filipino workers (OFWs) are rightfully called modern-day heroes. Their sacrifices have sustained countless families and propped up the Philippine economy through billions in remittances.

However, behind the success stories, many OFWs face heartbreaking realities—especially when it comes to starting businesses.

Entrepreneurship is often seen as the ultimate dream for OFWs, a way to finally come home for good and enjoy financial independence. While the intention is noble, the risk is real.

In fact, the danger is highest when OFWs attempt to start businesses while still working abroad.

Here are the reasons why:

1. Funding without leading

One of the biggest mistakes OFWs make is becoming “absentee entrepreneurs.” You provide the capital, but someone else runs the business.

In many cases, this person is a family member or friend. While there are exceptions, the sad reality is that trust doesn’t always translate to competence—or integrity.

You’re working 12-hour shifts abroad, sending your hard-earned money back home, and hoping your sari-sari store, tricycle business or mini grocery will grow.

But you’re not there to monitor the daily operations. You’re not seeing where the money goes. You don’t know if the earnings are being reinvested or spent.

I’ve heard countless stories where the OFW is left with nothing: the business folds, relationships are strained and years of sacrifice are lost.

Entrepreneurship requires hands-on leadership. Capital alone does not guarantee success.

2. Lack of business know-how

Many OFWs dive into business without the proper training or experience. They might be great at their jobs overseas—as nurses, engineers or technicians—but business is a different world. It demands knowledge in operations, marketing, accounting and more.

Starting a business just because a relative or friend suggests it—or because it worked for someone else—is not a wise strategy. Every business involves risk, and without education and preparation, that risk multiplies.

Before putting money into a venture, OFWs should invest first in financial literacy and entrepreneurial training.

Learn before you launch.

3. Over-romanticizing the ‘come-home-for-good’ dream

It’s natural for OFWs to dream of coming home for good.

But it must be backed by a solid plan, not just emotion. Many OFWs are so eager to return that they rush into business without counting the cost.

A business isn’t a magic exit from working abroad. In fact, it can create more stress, especially when it starts to fail. Instead of being a pathway to freedom, it becomes a trap of debt and regret.

The transition from employment to entrepreneurship should be gradual and well-planned. Don’t use your business as a ticket home unless it has already proven to be stable, profitable and sustainable.

4. Pressure from family and community

Let’s be honest. Many OFWs are pressured to support not just their immediate family but their extended relatives.

Often, the idea of starting a business is influenced by well-meaning—but sometimes entitled—family members who promise to “take care of it.”

This dynamic can lead to emotional manipulation:

“Kaya mo na ‘yan; ikaw na ang nasa abroad!” (You can take care of it; you’re the one based overseas.)

“Para naman makauwi ka na!” (It’s so that you can come home)

And so, out of guilt or desire to please, OFWs pour money into businesses they did not study or plan for.

Entrepreneurship requires objectivity. It cannot be driven by pressure or utang na loob (debt of gratitude).

Always remember: your hard-earned money deserves wise stewardship.

5. Starting with the wrong mindset

Another danger is the belief that entrepreneurship is the answer to all financial problems. It’s not. Most small businesses in the Philippines don’t last beyond three years. Success in business is not guaranteed.

Some OFWs pour everything they have—retirement money, savings, even borrowed funds—into one business venture. It’s an all-or-nothing move.

When it doesn’t work out, the result is devastating: no savings, no income and in some cases, no way to go back abroad.

If you are going to start a business, do it with the mindset of a steward, not a gambler.

Start small. Test the waters. Grow gradually.

Focus first on building a strong financial foundation. This means having an emergency fund, insurance, zero debt and savings set aside for capital, not borrowed money.

At the same time, educate yourself through business courses or mentors. Start small while abroad, and wait until you’re home or have a trusted partner before going all in.

I believe many OFWs can become great entrepreneurs. But it must be done wisely, not emotionally. Don’t let your years of sacrifice go to waste because of poor planning and misplaced trust.

Remember: A business can be a blessing—but only if built with vision, discipline and stewardship.

Source: Inquirer

Practical financial planning for life's uncertainties

The current global environment reminds us that life can change suddenly. Preparing for those changes is not just wise — it's necessary. Here are some critical financial steps to take now while you still have the time and presence of mind to do so thoughtfully.

Since health risks can emerge at any time, it's essential to gather your important financial documents — such as insurance policies, stock certificates, investment fund certifications and land titles — into one secured location. Also keep digital copies backed up on the cloud.

This makes it easier for your next of kin to process insurance claims or manage estate matters in case something happens. Communicate where and how to access these files to a trusted family member to prevent confusion during stressful times.

While organizing your documents, review your life and health insurance policies. What is the current value of your death benefit? Will it be enough to cover your family's needs?

You can estimate this by dividing your policy's coverage by your family's monthly expenses. If the benefit won't last long enough, you might need to upgrade your plan or purchase additional insurance.

A professional financial planner can help you determine any coverage gaps and identify suitable solutions within your budget.

Leaving your family financially unprepared amid an unstable economy would be a great disservice. Now is the time to ensure they have enough.

Illness or incapacity can strike unexpectedly. It's vital to express your preferences to your partner or trusted individuals about your treatment, funeral arrangements and other personal decisions — such as the type of wake or who should officiate.

If you have children, think ahead. What happens if both parents are gone? Determine who will take custody, how insurance proceeds will be managed and what arrangements should be made. Clearly communicating this reduces stress and avoids conflict during an already difficult time.

In the case of severe illness or coma, who decides whether to continue life support? That burden often falls on grieving loved ones.

By preparing an advanced medical directive or living will, you specify your preferences ahead of time. This removes the emotional strain from your family and ensures your choices are honored. It protects your dignity while giving your family peace of mind.

Many people have found themselves with lower expenses from reduced travel, dining out or entertainment. Use that extra cash to create or grow an emergency fund.

Having three to six months' worth of expenses in savings gives you a safety net. In these volatile times, saving even more is advisable. Keep this fund in conservative, liquid instruments like savings accounts or money market funds for accessibility and capital protection.

Lastly, consider developing multiple income streams. Not only can this supplement your savings, it can also soften the blow if you lose your primary job.

Offer your skills, explore online freelance work, or monetize hobbies like cooking or crafting. Join digital marketplaces or local networks to promote your offerings safely and conveniently.

While we hope for the best, we must prepare for the worst. Strengthen your body and mind. Organize your finances. Communicate your wishes. Establish your emergency fund and income sources.

In uncertain times, preparation is the most powerful protection — for yourself and for those you love.

Source: Manila Times