Property Relations, A74-81 Family Code
1. Property Relations
Community property – “is the shared pool of assets and income that both spouses jointly own and administer during the marriage.” (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 21 April 2025])
Property relations – “in the context of married couples refer to the legal system that governs the ownership, administration, and disposition of property between spouses during the marriage and upon its dissolution. These rules determine how assets and liabilities are managed, acquired, or shared by the spouses”. (Ibid.)
2. Governance of Property Relations
The way a married couple’s assets and property are managed is determined in a specific sequence:
1) First, any formal agreement they entered into before getting married—called a marriage settlement—will control how their property is handled.
2) If there is no such agreement, or if certain matters aren’t covered by it, the default rules found in the Family Code will apply.
3) Lastly, if both the marriage settlement and the law are silent on a specific issue, the customary practices in their local community will be followed. (Ibid.)
a. Marriage settlement
Art. 74. The property relationship between husband and wife shall be governed in the following order:
(1) By marriage settlements executed before the marriage; x x x
Related provisions:
1) ACP, CPG, Complete Separation, Per Stipulation
Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern. (119a)
1) Before getting married, a couple has the option to decide how their properties will be managed during the marriage. They can choose from different property arrangements such as:
(a) absolute community,
(b) conjugal partnership of gains,
(c) total separation of property, or
(d) any other setup they agree upon. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
2) However, if they do not make any formal agreement, or if their chosen arrangement is legally invalid, the law automatically applies the system of absolute community of property to their marriage. (Ibid.)
2) Modifications to marriage settlements
Art. 76. In order that any modification in the marriage settlements may be valid, it must be made before the celebration of the marriage, subject to the provisions of Articles 66, 67, 128, 135 and 136. (121)
Related provisions:
Art. 66. The reconciliation referred to in the preceding Articles shall have the following consequences:
(1) The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage; and
(2) The final decree of legal separation shall be set aside, but the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime.
The court’s order containing the foregoing shall be recorded in the proper civil registries. (108a)
Art. 67. The agreement to revive the former property regime referred to in the preceding Article shall be executed under oath and shall specify:
(1) The properties to be contributed anew to the restored regime;
(2) Those to be retained as separated properties of each spouse; and
(3) The names of all their known creditors, their addresses and the amounts owing to each.
The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for legal separation, with copies of both furnished to the creditors named therein. After due hearing, the court shall, in its order, take measure to protect the interest of creditors and such order shall be recorded in the proper registries of properties.
The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not notified, unless the debtor-spouse has sufficient separate properties to satisfy the creditor’s claim. (195a, 108a)
Art. 128. If a spouse without just cause abandons the other or fails to comply with his or her obligation to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property, or for authority to be the sole administrator of the conjugal partnership property, subject to such precautionary conditions as the court may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property relations.
A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling. (167a, 191a)
Art. 135. Any of the following shall be considered sufficient cause for judicial separation of property:
(1) That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction;
(2) That the spouse of the petitioner has been judicially declared an absentee;
(3) That loss of parental authority of the spouse of petitioner has been decreed by the court;
(4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article 101;
(5) That the spouse granted the power of administration in the marriage settlements has abused that power; and
(6) That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable.
In the cases provided for in Numbers (1), (2) and (3), the presentation of the final judgment against the guilty or absent spouse shall be enough basis for the grant of the decree of judicial separation of property. (191a)
Art. 136. The spouses may jointly file a verified petition with the court for the voluntary dissolution of the absolute community or the conjugal partnership of gains, and for the separation of their common properties.
All creditors of the absolute community or of the conjugal partnership of gains, as well as the personal creditors of the spouse, shall be listed in the petition and notified of the filing thereof. The court shall take measures to protect the creditors and other persons with pecuniary interest. (191a)
1) To legally change the terms of a marriage settlement, any alteration must be made before the wedding takes place. However, this general rule is subject to exceptions outlined in Articles 66, 67, 128, 135, and 136 of the Family Code, which deal with situations where changes may arise even after marriage. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
(a) Article 66 provides that if a legally separated couple decides to reconcile, the separation process ends regardless of its stage. However, any separation of property already enforced, or forfeiture of the guilty spouse’s share, remains unless the couple chooses to restore their original property regime. Such decisions must be recorded officially. (Ibid.)
(b) Article 67 requires that if the couple wants to revive their former property regime, they must create a sworn agreement detailing the properties to be recontributed, the assets each will keep separately, and the list of all known creditors. This must be submitted to the same court that handled their legal separation. The court will ensure the rights of the creditors are protected, and its ruling must be officially recorded. (Ibid.)
(c) Article 128 allows a spouse who has been abandoned or whose partner has failed in family responsibilities to ask the court for specific remedies—such as controlling the marital assets or requesting separation of property. Abandonment is presumed if one spouse leaves without intent to return and is untraceable for at least three months. (Ibid.)
(d) Article 135 lists grounds for court-ordered property separation, such as criminal conviction with civil interdiction, being declared legally absent, abuse of administrative powers, abandonment, or a factual separation of at least one year where reconciliation is unlikely. (Ibid.)
Related: Civil Interdiction, A34 Revised Penal Code
(e) Article 136 allows both spouses to jointly seek court approval for voluntarily dissolving their joint property regime. All creditors must be identified and notified, and the court will issue safeguards to ensure those with financial interests are not harmed. (Ibid.)
2) In summary, while modifications to marriage settlements must typically occur before the marriage, certain legal circumstances allow changes afterward—especially when marital obligations are violated or when the court’s intervention is necessary to protect rights and interests. (Ibid.)
a) In writing
Art. 77. The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. x x x
1) Any agreement about how a couple will manage their property during marriage—along with any changes to that agreement—must be written down, signed by both individuals, and finalized before the wedding takes place. This ensures that their mutual consent is formally documented and legally recognized prior to entering into marriage. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
2) NB: If the marriage settlements involve any disposition of real property, the document should be in a public instrument, i.e., notarized. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
b) Recording
Art. 77. x x x [Modifications to marriage settlements] shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties. (122a)
Changes made to a couple’s marriage agreement will not affect the rights of other people—such as creditors or business partners—unless those changes are officially recorded. To be binding on third parties, the modifications must be registered both in the local civil registry where the marriage certificate is kept and in the appropriate property registries. This ensures transparency and protects the interests of those who may rely on the couple’s original property arrangements. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
3) Contracting party subject to disability
Art. 79. For the validity of any marriage settlement executed by a person upon whom a sentence of civil interdiction has been pronounced or who is subject to any other disability, it shall be indispensable for the guardian appointed by a competent court to be made a party thereto. (123a)
1) If a person who is legally restricted—such as someone under civil interdiction or facing another form of legal incapacity—wants to enter into a marriage settlement, the agreement will only be valid if their court-appointed guardian is formally included as a party to that agreement. The guardian’s involvement is necessary to ensure that the rights and interests of the legally incapacitated individual are protected. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
4) Governing law
Art. 80. In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence.
This rule shall not apply:
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located; and
(3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity. (124a)
1) Unless the spouses explicitly agree otherwise in their marriage settlement, the rules governing their property relationship will follow Philippine law. This applies even if the couple got married abroad or currently lives outside the Philippines. In other words, without a specific agreement to the contrary, Philippine legal provisions will control how their assets and properties are managed. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
2) However, this rule has three important exceptions:
(a) If both spouses are foreigners, Philippine property laws do not automatically apply to their property relations. (Ibid.)
(b) If a contract concerns property located outside the Philippines and was made in the country where that property is found… (Ibid.)
(c) If a contract is made in the Philippines but relates to property located abroad, and the laws of that foreign country require different formalities for the contract’s validity. (Ibid.)
3) In essence, while Philippine law generally applies to property matters between spouses, exceptions are made to respect the laws of other countries regarding foreign nationals and properties located outside the Philippines. (Ibid.)
4) Donation propter nuptias (by reason of marriage)
Art. 81. Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage, including donations between the prospective spouses made therein, shall be rendered void if the marriage does not take place. However, stipulations that do not depend upon the celebration of the marriages shall be valid. (125a)
Any agreements or promises made in anticipation of an upcoming marriage—including gifts exchanged between the would-be spouses—will be considered legally invalid if the marriage does not actually happen. However, if there are provisions in the agreement that are independent of whether the marriage occurs, those parts will still be legally binding and enforceable. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
b. Family Code
Art. 74. The property relationship between husband and wife shall be governed in the following order:
x x x
(2) By the provisions of this Code; x x x
If there is no marriage settlement, property relations between the husband and wife will be governed by the Family Code.
c. Local Custom
Art. 74. The property relationship between husband and wife shall be governed in the following order:
x x x
(3) By the local custom. (118)
If there is no marriage settlement, and there is no applicable provision in the Family Code, property relations between the husband and wife will be governed by local custom.
