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Questions and Answers
What type of property is considered communal when acquired from fruits of industry during a marriage?
What type of property is considered communal when acquired from fruits of industry during a marriage?
- Exclusive property
- Community property (correct)
- Jewelry
- Separate property
Which property type remains exclusive after marriage when associated with separate property?
Which property type remains exclusive after marriage when associated with separate property?
- Jewelry
- Community property
- Non-Jewelry (correct)
- Gratuitous acquisitions
In the absolute community of properties, how is the property acquired from gratuitous acquisitions characterized before marriage?
In the absolute community of properties, how is the property acquired from gratuitous acquisitions characterized before marriage?
- Non-exclusive
- Jointly owned
- Communal (correct)
- Exclusive
What is the status of exempt properties acquired by a non-resident alien decedent with respect to gross estate?
What is the status of exempt properties acquired by a non-resident alien decedent with respect to gross estate?
How are the fruits of property characterized in an absolute community of properties during marriage?
How are the fruits of property characterized in an absolute community of properties during marriage?
What type of property regime ensures that all properties of spouses are separate except those acquired jointly?
What type of property regime ensures that all properties of spouses are separate except those acquired jointly?
In the Conjugal Partnership of Gains, which type of property is considered joint?
In the Conjugal Partnership of Gains, which type of property is considered joint?
What is the treatment of properties acquired before marriage in the Absolute Community of Property?
What is the treatment of properties acquired before marriage in the Absolute Community of Property?
Under which property regime do all present properties owned at the time of marriage become common?
Under which property regime do all present properties owned at the time of marriage become common?
What is excluded from the properties considered common in the Absolute Community of Property?
What is excluded from the properties considered common in the Absolute Community of Property?
In case there is no agreement, which property regime applies by default?
In case there is no agreement, which property regime applies by default?
How are properties brought into the marriage treated in the Conjugal Partnership of Gains?
How are properties brought into the marriage treated in the Conjugal Partnership of Gains?
What happens to the fruit of exclusive properties in the Absolute Community of Property?
What happens to the fruit of exclusive properties in the Absolute Community of Property?
Flashcards
Gross Estate (Married)
Gross Estate (Married)
Includes the decedent's exclusive and common properties with the spouse.
Absolute Separation of Property (ASP)
Absolute Separation of Property (ASP)
All properties are separate except what's jointly acquired during the marriage.
Conjugal Partnership of Gains (CPG)
Conjugal Partnership of Gains (CPG)
Properties acquired during marriage through labor or fruits are considered common.
Absolute Community of Property (ACP)
Absolute Community of Property (ACP)
All properties owned at marriage and future fruits become common.
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Properties Before Marriage (CPG)
Properties Before Marriage (CPG)
Properties owned before marriage are considered owned exclusively.
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Properties During Marriage (CPG)
Properties During Marriage (CPG)
Fruits of properties/labor are conjugal; acquisitions are exclusive.
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Gratuitous acquisitions
Gratuitous acquisitions
Acquired gratuitously and remains exclusive, during and before the marriage.
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Properties Before Marriage (ACP)
Properties Before Marriage (ACP)
All properties before marriage become common property.
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ACP Exception: Prior Descendants
ACP Exception: Prior Descendants
Gratuitous acquisitions remain exclusive if there are descendants from prior marriage.
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Fruits of industry (ACP)
Fruits of industry (ACP)
Fruits of industry become communal during the marriage.
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Fruits of property (ACP)
Fruits of property (ACP)
Fruits of separate/communal property are exclusive/communal, respectively
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Exclusive-use properties (ACP)
Exclusive-use properties (ACP)
Exclusive-use properties, except jewelry, remain exclusive.
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Non-Resident Alien Exemption
Non-Resident Alien Exemption
Exempt foreign properties of non-resident alien decedents are excluded.
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Gross Estate of Married Decedents
- Includes the decedent's exclusive properties and the common properties of the spouses.
- Gross estate is categorized into exclusive, conjugal/communal, and total.
Common Types of Property Regimes
- Absolute Separation of Property (ASP): All properties are separate except those jointly acquired.
- Conjugal Partnership of Gains (CPG): Properties acquired during marriage through joint or individual labor/fruits of properties are common.
- Absolute Community of Property (ACP): All properties owned at marriage and future fruits of separate/joint industry or common properties become common.
- The default property regime is either CPG or ACP, depending on the date of the marriage. Before August 3,1988, it is CPG, and after August 3, 1988, it is ACP.
Conjugal Partnership of Gains (CPG): Property Classification
- Before Marriage: Properties are exclusive.
- During Marriage: Fruits of properties/labor are conjugal; gratuitous acquisitions and their fruits remain exclusive.
Absolute Community of Properties (ACP): Property Classification
- Before Marriage: All properties are common with exceptions detailed below.
- During Marriage: All properties are common with exceptions detailed below.
ACP: Exceptions and Clarifications
- Spouse with Descendants from a Prior Marriage:
- Gratuitous acquisitions remain exclusive during and before the marriage.
- Fruits of industry become communal during marriage.
- Fruits of separate property remain exclusive during and before the marriage; fruits of communal property remain communal before and during the marriage.
- Exclusive-use properties, excluding jewelry, remain exclusive during and before the marriage; jewelry becomes communal during marriage.
- Both Spouses:
- Gratuitous acquisitions are exclusive during marriage.
- Fruits of industry are communal during marriage.
- Fruits of separate/communal property are exclusive/communal (respectively), during marriage.
- Exclusive-use properties, excluding jewelry, remain exclusive. Jewelry becomes communal during the marriage.
Acquisition of Exempt Properties
- Exempt properties are considered exclusive or common but excluded from gross estate calculations.
Exempt Properties of Non-Resident Alien Decedents
- Exempt foreign properties of a married non-resident alien decedent are excluded from the gross estate.
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