Marital Property Regimes

For marriages on or after 3 August 1988, Absolute Community of Property (ACP) is generally the default unless a valid marriage settlement provides otherwise. Family Code Art. 92 excludes some property, including certain gifts or inheritances, property for personal and exclusive use other than jewelry, and certain premarital property of a spouse who has legitimate descendants from a former marriage. Under ACP, only the deceased spouse’s share after liquidation, plus exclusive property, enters the estate. Conjugal Partnership of Gains (CPG) generally shares gains rather than all property; Complete Separation keeps ownership separate. Actual ownership depends on the applicable regime, title, source, and exclusions.