PROPERTY RELATIONS BETWEEN

HUSBAND AND WIFE

CHAPTER I
GENERAL PROVISIONS

CHAPTER I
GENERAL PROVISIONS
 In General: The law allows the spouses to
fix their property relations during their
marriage through “marriage settlement”
(govern by their agreement) subject only to
the condition that whatever settlement they
have must be within the limits provided by
the Family Code.
Art. 74: Property Relations are governed in the following order:

 By marriage settlements executed before the marriage;

 By the provisions of this Code;
 By the local customs. – arise only if future spouses execute a marriage
settlement and stipulate therein that the absolute community shall not exist
between them but without providing for the rules or regime that shall govern
their property relations.

Art. 75: Property Regime:

 Absolute Community;
 Conjugal Partnership of Gains
 Complete Separation of Property;
 Or any other regime.

 *Not contrary to law, morals, good customs, public order and public policy.

 In case of absence of marriage settlement or when regime agreed upon is

void: REGIME OF ABSOLUTE COMMUNITY OF PROPERTY shall govern.
 PROPERTY REGIME BY DEFAULT:

Civil Code Family Code

(Prior Aug 3, 1988 (Aug 3, 1988)
After Aug 30, 1950)

Regime of Conjugal Regime of Absolute

Partnership of Gains Community of Property
ART. 77:
MARRIAGE SETTLEMENT AND MODIFICATION
FORMALITIES REQUIRED:

 In writing;
 Signed by the parties;
 Executed before the celebration of marriage
 Shall not prejudice third persons unless they are
registered in the *local civil registry where marriage
contract is recorded as well as in *proper registries of
property.
 New Civil Code Family Code
Art. 122: Art. 77:
governed by Statute of notwithstanding the
Frauds. absence of express
provisions shall
continue to be
governed by Statute
of Fraud.

Art. 1403 (Statute of Fraud)

Unenforceable unless ratified.
NOT Void.
ART. 78:

 Party in a marriage who is a MINOR (construed as

referring to party who is at least 18 y/o but below 21), in
which parental consent is required, persons whose
consent is required under ART. 14 of FC IS ALSO
REQUIRED TO BE A PARTY for the validity of the
Marriage Settlement.

ART. 79:

 If one of the future spouses is suffering from CIVIL

INTERDICTION or from any incapacity to give
consent, it is indispensable for a guardian appointed by
the competent court to be made a party thereto, for
the validity of Marriage Settlement.
ART. 80:

 Absence of contrary stipulation to Marriage

Settlement- PHILIPPINE LAW shall govern the Property
relations, regardless of the place of the celebration of
marriage and their residence.

 This rule shall not apply:

 Where both spouses are alien;

 With respect to the extrinsic validity (forms and
solemnities) of contracts affecting property not situated in
PH and executed in country where the property is located;
 With respect to the extrinsic validity (forms and
solemnities) of contracts entered into the PH but affecting
property situated in a foreign country whose laws require
different formalities for extrinsic validity.
ART. 81:

 EFFECT OF NON CELEBRATION OF MARRIAGE UPON

MARRIAGE SETTLEMENT:
 Marriage is a condition sine qua non for the validity of
marriage settlement.

 If the marriage did not take place:

Everything Provisions in the
Ante Nuptial Contract Donation Propter
stipulated in the marriage settlement that
(Marriage Settlement) Nuptias (Donation by
marriage does not depend upon
reason of marriage)
settlement or celebration of marriage
contract, including
donations b/w
prospective spouses Marriage is a condition Does not depend on
made therein sine qua non- Depend on marriage for validity. It
marriage for validity only give rise to a
cause/ground to
revoked DPN, if not
revoked it continues to
be valid.
VOID NOT AFFECTED