Hindi lahat ng properties ay kasama sa conjugal or community property.
Art. 92. The following shall be excluded from the community property:
(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. (201a)
Ang mana ay “gratuitous title.” Ibig sabihin, kung ano man ang minana ng asawa mo habang kasal kayo ay excluded sa absolute community of property (ito ang default sa Family Code kung wala kayong “prenup” o marriage contract).
Kung kinasal naman kayo bago ng July 6 1987, New Civil Code ang magaapply. Ayon dito —
Article 148. The following shall be the exclusive property of each spouse:
(1) That which is brought to the marriage as his or her own;
(2) That which each acquires, during the marriage, by lucrative title;
(3) That which is acquired by right of redemption or by exchange with other property belonging to only one of the spouses;
(4) That which is purchased with exclusive money of the wife or of the husband. (1396)
Katumbas ng “gratuitous title” ang “lucrative title”: parehong bigay lamang sa mana o donasyon. Kung minana ito, ibig sabihin exclusive property ito at di parte ng conjugal partnership.