Article 87 of the Family Code: Donations between spouses
Status: In force
What does Article 87 say?
Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together as husband and wife without a valid marriage.
What does it mean in plain language?
Article 87 of the Family Code makes donations between spouses during the marriage void. The only exception is a moderate gift on the occasion of a family rejoicing. The same ban applies to a man and a woman who live together as husband and wife without a valid marriage.
A "donation" is giving property for free, for example by signing a deed that transfers a lot. A "grant of gratuitous advantage" is any other free benefit. The words "direct or indirect" mean the ban is not limited to a deed signed by one spouse in favor of the other.
How does it work in real life?
Eric and Fe: a deed of donation
During the marriage, Eric signs a deed donating his land to his wife Fe. Under Article 87 the donation is void. A watch he gives her on her birthday is a different matter, if it is a moderate gift.
Gino and Hana: not married
Gino and Hana are not married, but they live together and present themselves to their neighbors as husband and wife. Gino donates a lot to Hana. The same ban applies to them, so the donation is void, as in the Arcaba case.
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?
- For property bought together by live-in partners, see Article 147 and Article 148, and the full answer on live-in partners' property.
- Donations of community property to third persons are a different rule: under Article 98, neither spouse may donate community property without the other's consent, except moderate donations for charity or on occasions of family rejoicing or family distress. See Article 96.
- For gifts to children, see the comparison donation vs sale to children.
- For a question-and-answer guide, see can husband and wife give property to each other?
What does Article 87 say?
Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together as husband and wife without a valid marriage.
Which gifts between spouses are allowed?
Only "moderate gifts" given "on the occasion of any family rejoicing". Both conditions are in the text: the gift must be moderate, and it must be given on a happy family occasion, such as a birthday, an anniversary or a graduation. The article sets no peso amount.
A larger donation, such as a house, a lot or a car, made during the marriage falls under the general rule: it is void.
Does the rule cover live-in partners?
Yes. The last sentence of Article 87 extends the prohibition to persons living together as husband and wife without a valid marriage.
The Supreme Court applied it in Arcaba v. Tabancura Vda. de Batocael (2001). A man had donated land to the woman who lived with him. The donee said she was only his employee. The Court found that they lived together as husband and wife and held the donation void. The case was brought by the donor's nephews and nieces, his heirs.
The Court explained what "living together as husband and wife" means:
- It is more than living under one roof. It is the public assumption by a man and a woman of the marital relation, holding themselves out to the public as husband and wife.
- Secret meetings or nights spent together, even if often repeated, are not enough.
- The Court has accepted as sufficient proof of a common-law relationship the stipulations between the parties, a conviction for concubinage, or the existence of illegitimate children.
Frequently asked questions
Can a husband donate property to his wife?
Not during the marriage. Article 87 of the Family Code says every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage is void, except moderate gifts on the occasion of a family rejoicing.
What gifts between spouses are allowed?
Moderate gifts which the spouses give each other on the occasion of any family rejoicing, such as a birthday or an anniversary. The article gives no peso limit; it only says the gift must be moderate.
Does the rule apply to couples who are not married?
Yes. The last sentence of Article 87 applies the same prohibition to persons living together as husband and wife without a valid marriage. The Supreme Court applied it in Arcaba v. Tabancura Vda. de Batocael (2001).
What does living together as husband and wife mean?
In the Arcaba case, the Court said it means more than living under one roof. It is the public assumption of the marital relation. Secret meetings, even if often repeated, are not enough.
Who can question a void donation?
In the Arcaba case, the donor's nephews and nieces, as his heirs, sued to have the donation declared void, and the courts agreed. Whether someone may sue in a given situation depends on the facts.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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