Topic 7 of 7
Philippine Property Relations
Ask yourself
Who owns what when two people get married?
Introduction
Marriage unites not only two people but also their property. The Family Code sets rules on what belongs to the couple together and what remains each spouse's own.
What is it?
Property relations refer to the system that governs the ownership, administration and disposition of the property of spouses. Couples may choose their regime in a marriage settlement signed before the wedding; otherwise, the law applies a default regime.
Legal basis and applicable laws
- Family Code, Articles 74 to 81 — Marriage settlements
- Family Code, Articles 88 to 104 — Absolute Community of Property
- Family Code, Articles 105 to 133 — Conjugal Partnership of Gains
- Family Code, Articles 143 to 146 — Separation of Property
- Family Code, Articles 147 and 148 — Property regime of unions without marriage
Important legal provisions
Article 75, Family Code
In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property shall govern.
Article 91, Family Code — Absolute Community
The community property consists of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter, unless otherwise provided.
Article 92, Family Code — Exclusions
Excluded are property acquired during the marriage by gratuitous title (and its fruits), unless stated otherwise; property for personal and exclusive use, except jewelry; and property acquired before the marriage by a spouse with legitimate descendants from a former marriage.
Article 106, Family Code — Conjugal Partnership
The spouses place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance. Each spouse keeps ownership of property owned before the marriage.
Article 147, Family Code
When a man and a woman capacitated to marry live together as husband and wife without the benefit of marriage, wages and property acquired through their joint work are owned in equal shares.
Rights and responsibilities
Your rights
- The right to choose a property regime through a marriage settlement before the wedding.
- Joint administration and enjoyment of community or conjugal property (Articles 96 and 124).
- The right to object to the sale of community property without written consent — such a sale is void (Articles 96 and 124).
Your responsibilities
- Community or conjugal property is liable for family support and debts incurred for the benefit of the family.
- Marriage settlements must be in writing, signed before the marriage, and registered to bind third parties (Article 77).
- Spouses must act in good faith in administering common property.
Legal procedures and remedies
- 1To choose a regime other than absolute community, sign a marriage settlement before the wedding.
- 2During marriage, judicial separation of property may be sought for causes listed in Article 135, or by voluntary petition (Article 136).
- 3Upon dissolution, the property is inventoried, debts are paid, and the net remainder is divided.
Important reminders
- 1Marriages celebrated on or after August 3, 1988 without a settlement are governed by absolute community of property.
- 2Selling family property without the other spouse's written consent is void.
- 3Couples living together without marriage are covered by Articles 147 or 148.
Unless you signed a marriage settlement, what you own together is generally shared equally. Your spouse cannot sell common property without your written consent.
Frequently asked questions
What property regime applies if we didn't sign anything?+
Absolute Community of Property applies by default under Article 75 of the Family Code.
Is an inheritance received during the marriage shared?+
Generally no. Under Article 92, property acquired by gratuitous title, such as inheritance or donation, is excluded from the absolute community unless the donor or testator provides otherwise.
Legal references
- [1]The Family Code of the Philippines E.O. No. 209, Articles 74–148 — LawPhil
This page is for educational purposes only and does not constitute legal advice.