Donations by Reason of Marriage

 

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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: What Is Ante- Nuptial Agreement?

Donations by reason of marriage also known as donations propter nuptias are those which are made before the wedding celebration, in consideration of the same, and in favor of one or both of the future spouses. They may be made by third persons in favor of one or both the future spouses or by one spouse (donor) in favor of another (donee). If made to only one of the spouses, the same belongs to him/ her as exclusive property, except if the donor provides that it shall form part of the absolute community of properties.

Requisites of Donations by Reason of Marriage

In order that Donations By Reason Of Marriage may be valid, the following requisites must be present:

1. They must be made before the celebration of the marriage;
2. They must be made in consideration of the marriage;
3. They must be made in favor of one or both of the future spouses.

It must be noted that a donation is an act of liberality by which a person disposes gratuitously of a thing or right in favor of another, who accepts it.

Limitation On Donations Prior To Marriage

Under Article 87 of the Family Code, the spouses cannot donate or grant gratuitous advantage, direct or indirect, during the existence of the marriage, except moderate gifts which the spouses may give during family celebrations or rejoicings.

If the spouses are governed by the absolute community regime, there is no limit as to the extent of the donation the future spouses may give to one another before or in consideration of the marriage. The reason for the rule is, if the future spouses are governed by the absolute community property, the same is a virtual donation of properties to one another before the marriage. Their properties are put into a common fund to form parts of their absolute community properties.

However, if they are governed by the conjugal partnership or complete separation of properties or dowry system, the limit of the donations to one another before and in consideration of the marriage is only one-fifth (1/5) of their present property.Any excess shall be considered void.

A Donation By Reason Of Marriage May Be Revoked By The Donor In The Following Cases:

1. If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements.
2. When the marriage takes place without the consent of the parents or guardian, as required by law;
3. When the marriage is annulled, and the donee acted in bad faith;
4. Upon legal separation, the donee being the guilty spouse;
5. If it is with a resolutory condition and the condition is complied with;
6. When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general.

Please note that donations in the marriage settlement that do not depend upon the celebration of the marriages shall be valid.

If future spouses did not execute a marriage settlement or Ante- Nuptial agreement, what will be their default Property Regime? This 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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