Without Ante- Nuptial Agreement, What Property Regime Will Govern the Assets of Future Spouses?

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Published — June 1, 2022

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

Read also: Donations by Reason of Marriage

In the absence of a marriage settlement providing for another kind of matrimonial property regime, the spouses shall be governed by the absolute community regime. This shall commence at the precise moment that the marriage is celebrated.

In absolute community of property, the provisions on co-ownership shall apply. This means that the share of the spouses, in the benefits as well as in the charges, shall be proportional to their respective interests and the portions belonging to the spouses in the co-ownership shall be presumed equal.

The Community Property consists of all property owned by the spouses at the time of the marriage celebration or thereafter acquired. However, the following shall be excluded from the community property:

1. Property acquired by gratuitous title (such as by donation or by inheritance) in favor of either spouse during the marriage. This also includes 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.

If there are doubts, the property acquired during the marriage, shall be presumed to belong to the community property. This presumption, however, shall not apply if it has been proved that it is one of those above mentioned excluded properties.  

The administration and enjoyment of the community property shall belong to both spouses jointly. In case of disagreement, the husband’s decision will prevail, subject to recourse to the court by the wife for the proper remedy.

Future spouses may opt for other property regime. These other property regimes will be discussed in the succeeding article.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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