Which Property Stays Yours After Marriage?
Quick answer
Which property stays yours depends on your property regime. Under the conjugal partnership of gains, your exclusive property includes what you owned before the marriage, what you inherit or receive as a gift during it, and what you buy with your own exclusive money (Article 109). Under the absolute community, the default for most marriages since 1988, almost everything is shared, except gifts and inheritances, items for personal use (but not jewelry), and some property of a spouse with children from an earlier marriage (Article 92). In both regimes, property acquired during the marriage is presumed common until proven otherwise.
Which property regime applies to you?
It depends on your marriage settlement and the date of the marriage. Article 75 says:
In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern.
So couples married under the Family Code without a prenuptial agreement have the absolute community. Couples whose conjugal partnership of gains was established before the Family Code keep it: Article 105 applies the Family Code rules on the conjugal partnership to them, "without prejudice to vested rights already acquired". In Villanueva v. Court of Appeals (2004), the Court applied the Family Code provisions on conjugal partnerships to a couple married before it took effect. See Absolute community vs conjugal partnership.
What stays exclusive under the conjugal partnership?
Article 109 lists it:
The following shall be the exclusive property of each spouse: (1) That which is brought to the marriage as his or her own; (2) That which each acquires during the marriage by gratuitous title; (3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and (4) That which is purchased with exclusive money of the wife or of the husband.
"Gratuitous title" means receiving something for free, such as an inheritance or a donation. Item 4 covers property bought during the marriage with money that was the buyer's alone.
What stays exclusive under the absolute community?
Much less. The community includes "all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter" (Article 91), except what Article 92 excludes:
The following shall be excluded from the community property: (1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property; (2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property; (3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property.
So under the absolute community, a house you owned before the wedding usually becomes common property, unless item 3 applies.
What is the Article 116 presumption?
For the conjugal partnership, Article 116 says:
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.
The absolute community has a similar rule:
Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom.
Is a title in one spouse's name enough?
No. In Villanueva v. Court of Appeals (2004), the Court said: "The presumption is not rebutted by the mere fact that the certificate of title of the property or the tax declaration is in the name of one of the spouses only." The Court added that "the evidence required must be clear and convincing," and that the burden rests on the party who says the property is exclusive. The same case held that a spouse living with another person for many years does not end the marriage, so property acquired while the marriage lasted stayed presumed conjugal.
When does the presumption not apply?
It applies only to property acquired during the marriage. In Metropolitan Bank and Trust Co. v. Pascual (2008), applying the same rule under the Civil Code, the Court said "proof of acquisition during the marital coverture is a condition sine qua non for the operation of the presumption in favor of conjugal ownership." When there is no showing of when the property was acquired, a title in one spouse's name indicates the property belongs to that spouse.
So there are two steps:
- Whoever invokes the presumption first shows the property was acquired during the marriage.
- Then the property is presumed common, and whoever says it is exclusive must prove it by clear and convincing evidence.
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.
Marites and Jun. They married under the conjugal partnership. Two years later, Marites bought a lot titled in her name only. The lot is presumed conjugal (Article 116). To treat it as hers alone, she must prove clearly that she paid with money that was exclusively hers, for example from the sale of land she owned before the marriage (Article 109(4)).
Celia and Mark. They married without a prenuptial agreement, so the absolute community applies (Article 75). Celia's father dies and leaves her a farm. The farm and its income are excluded from the community (Article 92(1)), unless the will says otherwise.
For more on spouses' property, see Property of spouses.
When do you need a lawyer?
Talk to a lawyer when the ownership of a property is disputed, for example in an annulment or legal separation case, when a spouse has died and the estate is being divided, or when a creditor is going after property you consider yours. A lawyer can check your regime and the evidence of how and when the property was acquired.
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 property is exclusive to one spouse under the conjugal partnership?
Article 109 of the Family Code lists four: what each spouse brings to the marriage, what each acquires during the marriage by gratuitous title such as inheritance or donation, what is acquired by redemption, barter or exchange with property of only one spouse, and what is bought with the exclusive money of the wife or husband.
Is a property titled in my name only automatically mine?
No. Article 116 presumes property acquired during the marriage to be conjugal even if it is registered in the name of one spouse. In Villanueva v. Court of Appeals (2004), the Court said a title or tax declaration in one name does not rebut the presumption.
Who must prove that a property is exclusive?
The spouse or party who claims it. In Villanueva v. Court of Appeals (2004), the Court said the burden rests on the party asserting it and the evidence required must be clear and convincing.
Does the presumption apply if no one knows when the property was bought?
In Metrobank v. Pascual (2008), the Court said proof of acquisition during the marriage is a condition for the presumption. When there is no showing of when the property was acquired, a title in one spouse's name indicates it belongs to that spouse.
Is inheritance part of the absolute community?
No, as a rule. Article 92 excludes from the community property acquired during the marriage by gratuitous title, and its fruits and income, unless the donor, testator or grantor expressly provided that they form part of the community.
Is jewelry exclusive property?
Not under the absolute community. Article 92 excludes property for the personal and exclusive use of either spouse, but says jewelry shall form part of the community property.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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