Article 74 The property relations between

husband and wife shall be governed in the

following order:
1. By
marriage
settlements
executed
before the marriage
2. By the provisions of this Code
3. By the local customs
Article 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.
Article 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.
Article 77 the marriage settlements and any
modification thereof:
1. Shall be in writing
2. Signed by the parties
3. Shall not prejudice third persons,
UNLESS, they are
registered in the (1) local civil registry where
the marriage contract is recorded as well as in
(2) the proper registries of property,
PROPERTY RELATIONS AND ANTE-NUYPTIAL
AGREEMENT
Marriage as a special contract, seeks
to establish as much as possible the complete union
of a husband and wife.
By the contract of marriage, a man and a
woman enter a joint life, acting, living,
working as one (oneness)
There should be between them a full and
complete community of existence.
ARTICLE 1490, Civil Code the husband and the wife
cannot sell property to each other, except when a
separation of property was agreed upon in the
marriage settlement; or when there has been a
judicial separation of property.

Also, there is a rule that there is no right of

accretion in cases of donation made to
several persons is not applicable to a
donation jointly made to husband and wife.
Between husband and wife, there shall be a
right of accretion, unless the donor has
otherwise provided.
However, the law recognizes that as to their
property relations, the husband and wife shall
primarily
governed
by
their marriage
settlement.
a. This agreement must be (1) in writing, (2)
signed by the parties, and (3) made prior
to the celebration of the marriage.

New Code dealing with Statute of Frauds an

agreement in consideration of marriage must be in
writing; otherwise, it shall be unenforceable.
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However, under the Family Code, the
requirements that an ante-nuptial agreement
must be in writing is mandatory not only for
the purpose of enforceability, but more
importantly, for its validity.
o
An oral marriage settlement, therefore, is
void and cannot be ratified by any claim of
partial execution or absence of objection.
The contracting parties can stipulate or agree on any
arrangement in their marriage settlement that is not
contrary to law and public policy and is within the
limits provided in the Family Code.
Likewise, in the marriage settlement, the
parties may agree that the separation of
property may refer to present or future
property or both and it may be total or partial,
in which case the property not agreed upon
as separate shall pertain to the absolute
community.
HOWEVER, by way of example also, the
parties cannot stipulate that the conjugal
partnership of gains or the absolute
community of property will start a time other
than the precise moment of the celebration of
marriage because such agreement is void
under Articles 88 and 107.
Likewise, the parties cannot stipulate that
they can make any substantial donation to
each other during their marriage because
such is void under Article 87.
Also, in case a marriage has been terminated
by death of one spouse and there has been
no liquidation of the properties of the
previous marriage, the suriving spouse, if he
or she decides to remarry cannot execute a
marriage settlement providing for a regime
other than the complete separation of
property regime because Arts. 103 and 130
specifically provide that, in such a remarriage,
the
property
regime
governing
the
subsequent marriage must be the separation
of property regime.
The arrangement, as agreed upon by the parties, may
stipulate that the conjugal partnership of gains, the
complete separation of property or any other regime
shall govern the marital property of relationship.
If there is NO marriage settlement agreed upon or if
the same is void, then the absolute community of
property will prevail.
The parties may likewise design their own property
regime which is not in violation of any law.
E.g. Mixed-Up Property where the spouses
agreed that they shall retain their own
exclusive property all their salaries earned
during the marriage but will consider any real
estate purchases from the same as commonly
owned while all personal properties as
exclusively owned.

1.

2.
3.

Also, in a partial separation of property

regime, the property not agreed upon as a
separate shall pertain to the absolute
community (Art. 144)
The spouses become co-owners of all the
properties in an absolute community of
property regime.
However, no waiver of rights, interests,
shares and effects of the absolute community
of property can be made except upon judicial
separation of property.

Aside from the properties that may be excluded in the

marriage settlement entered into by the contracting
parties prior to the marriage ceremony, only those
enumerated in Art. 92 are excluded from the absolute
community of property.

CHAPTER 3: SYSTEM OF ABSOLUTE COMMUNITY

Article 88 The absolute community of property
between spouses shall commence at the precise
moment that the marriage is celebrated.
Any stipulation, express or implied, for
the commencement of the community
regime at any other time shall be void.
ABSOLUTE COMMUNITY OF PROPERTY All
properties owned by the contracting parties before the
marriage ceremony and those which they may acquire
thereafter shall comprise the absolute community of
property regime.

ALIEN MARRIED TO FILIPINO In both absolute

community of property and in the conjugal
partnership of gains, an alien married to a Filipino
cannot have any interest in the community or
partnership property consisting of real estate or land.
An alien cannot even seek recovery of such
land as his or her share in the community or
conjugal property.
Aliens, whether individuals or corporations,
have been disqualified from acquiring lands of
the public domain. HENCE, they are also
disqualified from acquiring private lands.
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Primary purpose: conservation of the
national patrimony