Principles of Property Relations between husband and wife under the family code

Family Code expressly repealed the Civil Code provision

Art. 74: Family Code
1. by marriage settlements executed before the marriage
2. by provisions of this Code
3. by the local custom

the couple before marriage may enter into a marriage settlement that they want:

a) Absolute Separation of Property
b) Absolute Community of Property
c) Conjugal Partnership of Gains or Relative Community of Property
d) Dowry system
and others...

If the parties entered into marriage without executing any marriage settlement as in the common practice
among Filipino couples, then the SYSTEM OF ABSOLUTE COMMUNITY OF PROPERTY shall govern
under the Family Code.

Absolute Community of Property After Aug. 3, 1988
Community - From Wikipedia Communis comes from a combination of the Latin prefix com- (which
means "together") and the word munisprobably originally derived from the Etruscan word munis-
(meaning "to have the charge of").
the community property shall consist of all the property owned by the spouses at the time of the
celebration of the marriage or acquired thereafter (Art. 91)

EXCEPTION:
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. (Art. 92, FC)

Alienation of community property shall be done with the consent of both the spouses. (Art. 145).



Conjugal Partnership of Gains or Relative Community of Property
those acquired by onerous title during the marriage at the expense of the common fund, whether the
acquisition be for the partnership or for only one of the spouses;
those obtained from the labor, industry, work or profession of either or both of the spouses; the fruits,
natural, industrial or civil, due or received during the marriage from the common property, as well as the
net fruits from the exclusive property of each spouse; the share of either spouse in the hidden
treasure which the law awards to the finder or owner of the property where the treasure is found;
those acquired thorough occupation such as fishing, or hunting; livestock existing upon the dissolution of
the partnership in excess of the number of each kind brought to the marriage by either spouse; and those
which are acquired by chance, such as winnings from gambling or betting. However, losses therefrom
shall be borne exclusively by the loser-spouse. (Art. 117, FC)

EXCLUSIVE:
1. That which is brought to the marriage as his or her own;

2. That which each acquires during the marriage by gratuitous or lucrative title;

3. That which is acquired by right of redemption or by exchange with other property belonging to only one
of the spouse; and

4. That which is purchased with the exclusive money of the wife or the husband

Conjugal properties cannot be alienated without the consent of both spouses; while respect to exclusive
properties, the owner thereof can alienate the same without the consent of the other spouse.


Marital Consent in Deed of Sale
Marital consent is required when the property relations between the spouses is one of absolute
community or when the property relations between the spouses is one of conjugal partnership and the
property involved was acquired by onerous title during the marriage at the expense of the common fund.
Effect of NO CONSENT (Art. 96, Art. 124, FC) If one spouse acts without the written consent of the other
or without court authority, the disposition or encumbrance shall be VOID.
However, the transaction shall be construed as a continuing offer on the part of the consenting spouse
and the third person, and may be perfected as a binding contract upon the acceptance by the other
spouse or authorization by the court before the offer is withdrawn by either or both offerors. Period to file
questioning transaction by the wife is within 5 years from the date of the contract.


Complete Separation of Properties
separation of property may refer to present or future property or both. It may be total or partial.
The property not agreed upon as separate shall pertain to the absolute community. (Art, 144, FC)
each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without
the need of the consent of the other. To each spouse shall beong all earnings from his or her profession,
busines or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or
her separate property. (Ar. 145, FC)



Separation of Properties DURING marriage
in the absense of an express declaration in the marriage settlements, the separation of property between
spouses during the marriage shall not take place except by judicial order. Such judicial separation of
property may either be voluntary or for sufficient cause. (Art. 134, FC)


ILLEGITIMATE CHILDREN

Use of Surname and Legitime of Illegitimate Child
"Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their
mother, and shall be entitled to support in conformity with this Code. Howerever, illegitimate children may
use the surname of their father

if their filiation has been expressly recognized by the father through the record of birth appearing in the
civil register, or
when an admission in a public document or
private handwritten instrument is made by the father

Provided, the father has the right to institute an action before the regular courts to prove non-filiation
during this lifetime. The legitime of each illegitimate child shall consist of 1/2 of the legitime of a legitimate
child. (RA No. 9255, February 24 2004)