Article 73 of the Family Code: Right to work or run a business
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 10572 (Wording as amended by this law.)
What does Article 73 say?
Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds.
In case of disagreement, the court shall decide whether or not:
(1) The objection is proper, and
(2) Benefit has accrued to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the community property. If the benefit accrued thereafter, such obligation shall be enforced against the separate property of the spouse who has not obtained consent.
The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.
What does it mean in plain language?
Under Article 73 of the Family Code, either spouse may work, practice a profession or run a business without the other spouse's consent. The other spouse may object only on valid, serious, and moral grounds. If they disagree, the court decides whether the objection is proper and who answers for the debts.
This page shows Article 73 as amended by Republic Act No. 10572. The consolidated Family Code page on the Supreme Court E-Library still prints an older text of this article.
How does it work in real life?
Ana: a sari-sari store
Ana wants to open a sari-sari store in front of their house. She does not need her husband Ben's consent. Ben may object only on valid, serious, and moral grounds. If they disagree, the court decides.
Liza: a loan for the store after an objection
Liza's husband objected to her online selling business, and the court later found his objection proper. Liza had taken a supplier's loan for the business, and the court found that any benefit to the family came only after the objection. Under Article 73, that obligation is enforced against Liza's separate property, not the community property. A supplier who dealt with her in good faith keeps its rights.
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 same law, Republic Act No. 10572, also rewrote Article 111: either spouse may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property.
- Community or conjugal property is different: a sale or mortgage of it needs the other spouse's written consent or court authority. See Article 96 and Article 124.
- The general duties of spouses are in Article 68. For a full answer on selling property, see can a spouse sell conjugal property without consent?
- For all the duties of spouses in one place, see duties of husband and wife under the Family Code.
What does Article 73 say?
Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds.
In case of disagreement, the court shall decide whether or not: (1) The objection is proper, and (2) Benefit has accrued to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the community property. If the benefit accrued thereafter, such obligation shall be enforced against the separate property of the spouse who has not obtained consent.
The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.
Does a spouse need permission to work?
No. The first sentence is clear: either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. "Legitimate" means lawful. The rule is the same for the husband and the wife.
When can the other spouse object?
The other spouse may object, but only on grounds that are "valid, serious, and moral". The article does not list them. If the spouses cannot agree, the court decides whether the objection is proper.
Who answers for the debts?
When the spouses disagree, the court also decides when the family benefited from the work or business:
- If the benefit came before the objection, the resulting obligation is enforced against the community property.
- If the benefit came after the objection, the obligation is enforced against the separate property of the spouse who went ahead without consent.
In both cases, creditors who acted in good faith keep their rights.
Frequently asked questions
Can a wife work without her husband's consent?
Yes. Article 73 of the Family Code, as amended by Republic Act No. 10572, says either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other.
Can the other spouse object?
Only on valid, serious, and moral grounds. If the spouses disagree, the court decides whether the objection is proper.
Who pays the debts from the business if the other spouse objected?
The court decides when the benefit to the family accrued. If it accrued before the objection, the obligation is enforced against the community property. If it accrued after, it is enforced against the separate property of the spouse who did not obtain consent.
Does this rule apply to husbands too?
Yes. Article 73 speaks of either spouse. The husband and the wife have the same right, and either may object on the same grounds.
Are creditors affected by the dispute between the spouses?
The last paragraph of Article 73 says the rules on objection and benefit do not prejudice the rights of creditors who acted in good faith.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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