Can Husband and Wife Give Property to Each Other?
Quick answer
Generally, no. Article 87 of the Family Code says any donation between husband and wife during the marriage is void. The only exception is moderate gifts given on the occasion of a family celebration, such as a birthday or anniversary present. The same ban applies to a man and a woman who live together as husband and wife without a valid marriage. A deed of donation of land or a house from one spouse to the other is therefore void.
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.
Three parts of the text matter:
- "Donation or grant of gratuitous advantage" means giving something for free. It is not limited to a formal deed.
- "Direct or indirect" means the rule cannot be avoided by passing the property through another person.
- "During the marriage" means the ban applies from the wedding until the marriage ends.
"Moderate gifts" have no peso limit in the law. No ruling read for this page sets a figure.
Does it apply to couples who are not married?
Yes. The last sentence of Article 87 extends the ban to "persons living together as husband and wife without a valid marriage."
In *Arcaba v. Tabancura Vda. de Batocael* (2001), a man donated land to the woman who lived with him. She said she was only his employee. The Supreme Court found that they lived together as husband and wife, and the donation was void. The Court explained that "cohabitation" means more than living under one roof. It is, "At the very least", "the public assumption by a man and a woman of the marital relation, and dwelling together as man and wife, thereby holding themselves out to the public as such." It added that "Secret meetings or nights clandestinely spent together, even if often repeated, do not constitute such kind of cohabitation". The Court said proof of a common-law relationship may come from the stipulations between the parties in the case, a conviction for concubinage, or the existence of illegitimate children.
For how unmarried couples share property they acquire together, see Articles 147 and 148 and Do live-in partners share property?
Can a spouse donate common property to a third person?
That is a different rule. Article 98 says:
Neither spouse may donate any community property without the consent of the other. However, either spouse may, without the consent of the other, make moderate donations from the community property for charity or on occasions of family rejoicing or family distress.
For sales and mortgages of common property, see Can a spouse sell conjugal property without consent?
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Eric and Fe. During their marriage, Eric signs a deed giving his inherited land to his wife Fe. The donation is void under Article 87. A watch he gives her for their anniversary is allowed, if it is a moderate gift.
Gino and Hana. Gino and Hana are not married but live together openly as husband and wife. Gino donates a lot to Hana. The same ban applies to them (Article 87, last sentence), as in the *Arcaba* case.
Ivan and Joy. Ivan and Joy had a relationship but never lived together and met only in secret. Under the *Arcaba* explanation, secret meetings are not cohabitation. Whether a donation between them is covered depends on proof of how they lived.
When do you need a lawyer?
Talk to a lawyer before signing a deed of donation to your spouse or partner, or if you are questioning one, for example as an heir. Whether a gift was "moderate", whether a couple lived together as husband and wife, and who may bring the case are questions of fact and evidence.
If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
Can a husband donate land to his wife in the Philippines?
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.
Are birthday or anniversary gifts between spouses allowed?
Moderate gifts are. Article 87 allows moderate gifts that spouses give each other on the occasion of any family rejoicing. The law gives no peso figure for what is moderate.
Does the ban apply to live-in partners?
Yes. The last sentence of Article 87 applies the prohibition to persons living together as husband and wife without a valid marriage. In Arcaba v. Tabancura Vda. de Batocael (2001), a donation of land to the woman who lived with the donor was declared void.
What counts as living together as husband and wife?
In Arcaba, the Supreme Court said it means more than living under one roof: it is the public assumption of the marital relation. Secret meetings, even if repeated, are not enough.
Can a spouse donate common property to someone else?
Not without the other spouse's consent. Article 98 allows only moderate donations from the community property for charity or on occasions of family rejoicing or family distress.
Who can question a void donation between spouses?
In Arcaba, the case was brought by the donor's nephews and nieces, who were his heirs, and the donation was declared void. The page does not list everyone who may sue: that 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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