Understanding Conjugal Property in the Philippines
Dear PAO,
My grandparents were married in 1970. They are now separated-in-fact and my grandfather would like to sell the land, which he claimed to be his exclusive property. My grandmother opposes the disposition and warns the prospective buyer that the land is conjugal property, so her signature or consent is necessary. She presented a deed of sale executed during their marriage to prove that the property is conjugal. My grandfather, however, claims that the deed of sale is not sufficient, and my grandmother needs to prove that the land was acquired using conjugal funds. Is the deed of sale sufficient to prove that the land is a conjugal property of my grandparents?
Dear Renzy,
Legal Provisions on Conjugal Partnership of Gains
The provisions of the Family Code of the Philippines on conjugal partnership of gains will apply to the given set of facts. This is in consonance with the second paragraph of Article 105 of the same law.
Presumption of Conjugal Property
Correlative thereto, Article 116 of the same Code states that all property acquired during the marriage is presumed to be conjugal unless the contrary is proved.
- Property acquired during the marriage is presumed conjugal
- Contrary proof needed to rebut the presumption
Thus, it is presumed that a land acquired by your grandparents during their marriage belongs to their conjugal properties. However, your grandfather can rebut such presumption.
Exclusive Property of Each Spouse
Under Article 109 of the Family Code of the Philippines, certain properties are considered exclusive to each spouse.
- Property brought to the marriage as one’s own
- Property acquired during the marriage by gratuitous title
- Property purchased with exclusive money of the wife or husband
Ownership of Exclusive Properties
Article 110 of the law stipulates that spouses retain ownership, possession, administration, and enjoyment of their exclusive properties.
Application of Legal Presumptions
The application of the presumption under Article 116 was explained in a court decision where it was stated that the party invoking the presumption must establish that the property was acquired during the marriage.
Applying the decision in your situation, it is essential to prove that the land was acquired during the marriage of your grandparents to establish its conjugal nature.
