Property Relations Between Husband and Wife: CHAPTER 1 - General Provisions

PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
CHAPTER 1 – General Provisions

Property relations shall be governed in the following order:
 Marriage settlements Parties to marriage settlement
 Family Code  General rule: only future spouses are the parties to a marriage
 Local customs settlement
 Exceptions:
MARRIAGE SETTLEMENTS
o Spouse/s at least 18 y/o but below 21 – party whose
Marriage settlement
parental consent is required shall also be a party to the
 Ante nuptial contract
marriage settlement
 Fixes the property relations of spouses during marriage o Spouse/s suffering from civil interdiction or from any
 Must be made before the celebration of marriage and within the capacity to give consent – guardian appointed by
limits provided under Family Code competent court
Modification of marriage settlement Laws governing property relations
 General rule: must be made before the celebration of marriage  General Rule: Philippine laws, regardless of place of celebration of
 Exceptions to the rule: modification must be judicially approved marriage and residence
and refers only to Art. 66, 67, 128, 135, and 136 of the Family  Exceptions:
Code. o Stipulation to the contrary
o By decree of legal separation o Both spouses are aliens
o Spouses who were legally separated reconciled and o Affecting properties not situated in the Philippines (lex
agreed to revive their former property regime rei sitae)
o Judicial separation of property on the ground that a  Property relations are governed by the national law of the
spouse abandons the other without just cause, or fails to spouses
comply with his obligations to the family Effects if marriage does not take place
o Judicial separation of property (Art. 135)
 General rule: validity of marriage settlement and any stipulation
o Spouses jointly filed a petition for voluntary dissolution
thereto, including donation propter nuptias, shall be void if no
of ACP or CPG (Art. 136)
marriage takes place
Formalities
 Exception: any stipulation not dependent upon celebration of
 Must be in writing
marriage shall remain valid (e.g., paternity)
 Signed by the parties
 Donation propter nuptias – shall remain valid but becomes
 Shall not prejudice third persons unless registered in the local civil revocable if not stipulated in the marriage settlement
registry where marriage contract is recorded, as well as in proper
FAMILY CODE
registries of property
Property regime by default in the absence of, or a void, marriage
 Effect of a verbal/oral marriage settlement
settlement:
o Unenforceable – a valid contract that cannot be enforced
unless ratified  Marriages under Family Code (Aug. 3, 1988 onwards) – Absolute
Community of Property (ACP)
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE -2-
 Marriages under Civil Code (prior to Aug. 3, 1988) – Conjugal o If acceptance is made in a separate instrument, donor
Partnership of Gains (CPG) shall be notified in an authentic form. This must be noted
Properties of spouses who got married prior to the effectivity of Family in both instruments
Code without a marriage settlement shall be governed by CPG and shall not  Effect when formalities are not followed: void
be converted to ACP, because doing so would be to impair their acquired or  Express acceptance – under NCC, valid. Under FC, must follow
vested rights to their separate properties under CPG. formalities, otherwise, void.
DONATIONS BETWEEN FUTURE SPOUSES
Limitations
Agreed property regime in marriage settlement is other than ACP
LOCAL CUSTOMS  Donation of future spouse in favor of the other, as stipulated in
May only arise if future spouses execute a marriage settlement and marriage settlement– must not exceed 1/5 of present property of
stipulate therein that the absolute community shall not exist between donor
them but without providing for the rules or regime that shall govern their  Excess over 1/5 – void; remainder – valid
property relations.  If donation propter nuptias exceeding 1/5 of present property of
donor-spouse is not contained in the marriage settlement –
CHAPTER 2 – Donations by Reason of Marriage excess shall still be void. Intent of the law is to avoid taking
Donation Propter Nuptias – those made before its celebration, in advantage of property of spouses.
consideration of the same, and in favor of one or both of the future  If no marriage settlement – 1/5 shall not apply because by default,
spouses ACP will govern their property relations
Requisites: Donation of future property
 Made before the celebration of marriage  Ordinary donation of future property – prohibited
 Made in consideration of marriage  Donation propter nuptias of future property where donor is a
 Made in favor of one or both spouses third party - prohibited
o Donee/s must be either or both of the spouses, although  Donation propter nuptias of future property between spouses –
the donor need not be one of the spouses. allowed
Celebration of marriage is not a condition sine qua non for the validity of o This shall be in the nature of a donation mortis causa –
the donation. Hence, it remains valid, but becomes revocable, even if no effective only upon death of donor spouse
marriage takes place. o Formalities – formalities of wills outlined in Art. 804 to
FORMALITIES 809 of NCC shall apply
 Movable – orally or in writing DONATIONS SUBJECT TO ENCUMBRANCE
o Oral donation requires simultaneous delivery Donation propter nuptias of a property subject to encumbrance is valid. In
o Personal property exceeding P5,000 – donation and case of foreclosure:
acceptance must be in writing  Proceeds not sufficient to cover total indebtedness – donee shall
 Immovable – public document not be liable
o Acceptance – made in the same deed of donation or in a  Proceeds are more than the amount of indebtedness – donee
separate public document shall be entitled to the excess
REVOCATION OF DONATION PROPTER NUPTIAS
By reason of non-celebration of marriage  This action is personal to the donor and is not transmissible to his
 If stipulated under marriage settlement – void heirs and neither may this action be brought against the heir of
 If made outside marriage settlement – remains valid but becomes the donee, unless upon the latter’s death the complaint has been
revocable filed
By judicial declaration of nullity of marriage  Grounds (Art. 765 of NCC)
 General rule: remains valid but becomes revocable o Donee commited some offense against the person,
 Exception: the following shall result to revocation by operation of honor, or property of the donor, or of his wife or children
law under parental authority
o Void under Art. 40 of FC if donee contracted marriage in o Donee imputes to donor any criminal offense or any act
bad faith involving moral turpitude, unless it has been committed
o Subsequent marriages under Art. 41 of FC where both against the donee himself, his wife or children under his
spouses acted in bad faith and void under Art. 44 authority
(donation between spouses) o Unduly refuses to support donor when donee is legally or
 If donee is a third party – revocable morally bound to do the same
By reason of annulment of marriage

 General rule: does not affect validity of donations propter nuptias
 Donee acted in bad faith in contracting the marriage – revocable Prescriptive action to revoke
 General rule: there must be a final judgment of annulment to  Revocation by reason of legal separation – 5 years from decree of
cause donations to be revocable legal separation has become final
 Exception: those contracted by spouses between 18 y/o and  Other causes under Art. 86 – FC is silent
below 21. No need for final judgment, absence of parental o Revocation based on acts of ingratitude – 1 year from the
consent gives rise to cause or ground for revocation of donation time the donor had knowledge of the act
By reason of legal separation o Revocation on other grounds – 10 years from the time
 Donee acted in bad faith the right of action accrues (Art. 1144 of NCC)
PROHIBITED TRANSACTIONS BETWEEN SPOUSES
By reason of compliance with resolutory condition Donations during marriage
Resolutory condition  General rule: void, whether direct or direct
 Condition subsequent  Exception: moderate gifts which spouses may give each other on
 Has the effect of extinguishing rights already existing upon its occasion of family rejoicing
happening  Prohibition shall also apply to those cohabiting/living together as
 Obligation subject to resolutory condition is immediately husband and wife
demandable but extinguished upon happening of the condition Other prohibited transactions
If condition is fulfilled – donor acquires right to revoke the donation  Prohibition from selling property to each other (void)
By reason of acts of ingratitude
o Exception: separation of property was agreed upon in

marriage settlement; or there has been a judicial
separation of property
 Prohibition from leasing to each other

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PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

CHAPTER 1 – General Provisions

By reason of annulment of marriage

o Exception: separation of property was agreed upon in

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