Article 116 of the Family Code: Property presumed conjugal
Status: In force
What does Article 116 say?
All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved.
What does it mean in plain language?
Article 116 of the Family Code says that all property acquired during the marriage is presumed to be conjugal, even if it was bought, contracted or registered in the name of only one spouse. The presumption can be overturned, but only by proof. The Supreme Court asks two things: first, that the property was acquired during the marriage; then, clear and convincing evidence from whoever says it belongs to one spouse alone.
How does it work in real life?
Marites: a lot in her name
Two years after marrying Jun under the conjugal partnership, Marites buys a lot and registers it in her name only. The lot is presumed conjugal under Article 116. To treat it as hers alone, she must prove, for example, that she paid for it with money that was exclusively hers, such as an inheritance (Article 109(4)).
Boy: a farm with no date of purchase
A farm is titled in Boy's name, but no one can show whether he bought it before or after his marriage. Under the Metrobank ruling, the presumption of conjugal ownership does not operate without proof that the farm was acquired during the marriage.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- The presumption matters when conjugal property is sold, mortgaged, seized for debts or divided after death or separation.
- Article 116 is in the chapter on the conjugal partnership of gains. For couples under absolute community, see absolute community vs conjugal partnership.
- For sales by one spouse, see can a spouse sell conjugal property without consent?; after a spouse's death, see selling conjugal property after a spouse dies.
- Couples who are not married follow other rules; see live-in partners' property.
What does Article 116 say?
All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved.
How does the presumption work?
Courts apply it in two steps:
- Was the property acquired during the marriage? The party relying on the presumption must show this first. In Metropolitan Bank and Trust Co. v. Pascual (2008), applying the Civil Code counterpart of Article 116, the Court said proof of acquisition during the marriage is a condition sine qua non (an essential condition) for the presumption. When there is no showing of when the property was acquired, a title in one spouse's name indicates that it belongs to that spouse.
- Is there clear and convincing proof that it is exclusive? Once acquisition during the marriage is shown, the property is presumed conjugal. In Villanueva v. Court of Appeals (2004), the Court said the burden of proving that a property is exclusive rests on the party asserting it, and the evidence must be clear and convincing.
What does not overturn the presumption?
From Villanueva v. Court of Appeals (2004):
- A title or tax declaration in one name. The presumption is not rebutted by the mere fact that the certificate of title or the tax declaration is in the name of one spouse only.
- Living apart. The cohabitation of a spouse with another person, even for a long period, does not sever the tie of the subsisting marriage. Property acquired while that marriage lasted stayed presumed conjugal.
In the same case, the Court applied the Family Code rules on the conjugal partnership to a couple married before the Code took effect, as Article 105 provides.
What can overturn it?
Proof that the property falls under one of the items of exclusive property in Article 109: for example, that it was inherited or donated to one spouse, received in exchange for property of only one spouse, or bought with money belonging to only one spouse.
Frequently asked questions
Is property in my spouse's name alone conjugal?
It is presumed conjugal if it was acquired during the marriage. Article 116 of the Family Code says this applies whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, unless the contrary is proved.
Who must prove that a property is exclusive?
The person who claims it. In Villanueva v. Court of Appeals (2004), the Supreme Court said the burden of proving that a property is the exclusive property of a spouse rests on the party asserting it, and the evidence must be clear and convincing.
Does a title or tax declaration in one spouse's name defeat the presumption?
No. In Villanueva (2004), the Court said the presumption is not rebutted by the mere fact that the certificate of title or the tax declaration is in the name of one spouse only.
What must be shown before the presumption applies?
That the property was acquired during the marriage. In Metropolitan Bank and Trust Co. v. Pascual (2008), applying the Civil Code rule that Article 116 carries forward, the Court said proof of acquisition during the marriage is a condition sine qua non for the presumption to operate.
Does separation in fact stop the presumption?
Not by itself. In Villanueva, a spouse had lived with another person for a long time, but the Court said this did not sever the tie of the subsisting marriage, and property acquired while the marriage lasted stayed presumed conjugal.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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