Duties of Husband and Wife Under the Family Code
Quick answer
Under Article 68 of the Family Code, a husband and wife must live together, observe mutual love, respect and fidelity, and give each other help and support. The next articles add that they choose the family home together, share the cost of supporting the family and both manage the household. Either spouse may work or run a business without the other's consent (Article 73). But the Supreme Court has said no court can force a spouse to live with the other.
What does Article 68 say?
The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.
These are duties of both spouses in the same way. The law does not give one set of duties to the husband and another to the wife.
"Support" here has a legal meaning. Under Article 194, support covers what is needed for food, a place to live, clothing, medical care, education and transportation, in keeping with the family's financial capacity. The spouses are the first people on the list of those who must support each other in Article 195.
Who decides where the family lives?
Both spouses. Article 69 says:
The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide.
The same article lets the court excuse one spouse from living with the other "if the latter should live abroad or there are other valid and compelling reasons for the exemption." But the exemption does not apply "if the same is not compatible with the solidarity of the family." No ruling read for this page applies these words to a specific case, such as work abroad.
Who pays for the family's needs?
Both spouses, jointly:
The spouses are jointly responsible for the support of the family. The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from the separate properties.
So the order is: first the common property of the marriage, then the income from each spouse's own property, then each spouse's own property. Article 71 adds that managing the household is "the right and the duty of both spouses", and its expenses are paid the same way.
Which property is common depends on the property regime. See absolute community of property and conjugal partnership of gains.
Can a spouse work without the other's consent?
Yes. Article 73 was amended by Republic Act No. 10572. It now says:
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.
If they disagree, the court decides two things: whether the objection is proper, and whether the family benefited before or after the objection. That second point decides which property pays the resulting obligations. If the benefit came before the objection, the community property answers. If it came after, the separate property of the spouse who did not get consent answers. Creditors who acted in good faith are protected.
Can a court force a spouse to live with the other?
No. In *Ilusorio v. Bildner* (2000), a wife asked the courts to order that her husband be brought to live with her. The Supreme Court refused. It said: "No court is empowered as a judicial authority to compel a husband to live with his wife." Living together, it said, "is best left to the man and woman's free choice."
So the duty to live together is real, but it is not enforced by force. When a spouse leaves, the law offers other remedies, which are explained in What can you do if your spouse abandoned the family?
What if a spouse neglects these duties?
Article 72 gives a general remedy:
When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief.
Other remedies depend on what happened:
- Support. A spouse or child who is not supported can claim support. See How much is child support?
- [Legal separation](/law/glossary/legal-separation). Some acts are grounds for legal separation under Article 55, such as repeated physical violence, sexual infidelity, and abandonment without justifiable cause for more than one year. See grounds for legal separation.
- Property. If a spouse abandons the family or fails to meet obligations to it, the other spouse may ask the court for receivership, separation of property or sole administration of the common property (Article 101). See separation of property during marriage.
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.
Ana and Ben. Ana wants to open a sari-sari store. Under Article 73 she does not need Ben's consent. Ben may object only on valid, serious and moral grounds. If they cannot agree, the court decides.
Carlo and Dina. Carlo leaves the family house and moves to another city. Article 68 says spouses must live together, but under the *Ilusorio* ruling no court will order him to come back. Dina can look at the remedies for abandonment and support instead.
Elmer and Fe. Elmer gets a job offer in another province, and Fe wants the family to stay where it is. Under Article 69 they fix the family home together. If they cannot agree, the court decides.
When do you need a lawyer?
Talk to a lawyer if your spouse has left, stopped supporting the family, or is putting you or the children in danger, or if you want the court to settle a disagreement over the family home or work. A lawyer can tell you which remedy fits your facts and what evidence you need.
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
What are the duties of husband and wife under the Family Code?
Article 68 says the husband and wife must live together, observe mutual love, respect and fidelity, and render mutual help and support. Articles 69 to 71 add that they fix the family home together, support the family jointly and both manage the household.
Can a court force my spouse to live with me?
No. In Ilusorio v. Bildner (2000), the Supreme Court said no court is empowered to compel a husband to live with his wife, and that living together cannot be enforced by a writ of habeas corpus. Other remedies exist, such as support or judicial separation of property.
Does a wife need her husband's consent to work or open a business?
No. Article 73, 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. The other spouse may object only on valid, serious and moral grounds, and the court decides if they disagree.
Who decides where the family will live?
Both spouses. Article 69 says the husband and wife fix the family domicile, and the court decides if they disagree. The court may exempt one spouse from living with the other if the other lives abroad or there are other valid and compelling reasons.
Who pays for the family's expenses?
Both spouses are jointly responsible. Under Article 70, family support is paid first from the community property, then from the income of their separate properties, and finally from the separate properties themselves.
What can a spouse do if the other neglects these duties?
Article 72 says the aggrieved spouse may apply to the court for relief when the other neglects his or her duties or brings danger, dishonor or injury to the family. Other remedies depend on the facts, such as a claim for support or a petition for legal separation.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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