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Q: A inherited a parcel of land from her grandfather before her marriage to B.

But A had
a child with X and the child was born after A’s marriage to B. If the marriage was
solemnized in 1988, what is the status of the parcel of land?

A: Consider NCC or FC, and marriage settlement if any. In order for it to be exclusive,
there should be a prior valid marriage.

Q: The fact that the land was inherited by A, would it not affect the answer to this
question?
A: Mode of acquisition before the marriage is immaterial

Q: If the property was acquired by gratuitous title during the marriage, what would be
the status?
A: Excluded unless it is expressly provided by the donor, testator, or grantor that they
shall form part of the community property.

Q: If intestate succession, same rule ACP and CPG.

Situation: Can it be possible that A and B will inherit in an intestate succession but their
shares will form part of their exclusive property?
Answer:

Q: A and B were married in 1988, 5pm. X died 9am, same day. In the will of X, a parcel
of land was given to A. After solemnization, A died. Will the parcel of land form part of
A’s estate?
A: Marriage settlement if any. If none, depends on date of solemnization. Family Code
applies as long as it does not impair vested rights. If it was solemnized on August 1,
1988, NCC governs. Property relations will commence on the date of marriage. CPG
then governs, and it will form part of the exclusive property.

Q: A and B entered into a marriage settlement where they agreed on a CPG. The
marriage was solemnized 15 days after the execution of the marriage settlement. The
marriage was in 1989. They stipulated that this property regime will commence on the
date of marriage settlement. X died on 9am on the date of solemnization of the
marriage. A and B married at 5pm. Will the land given by X to A form part of the
community property?
A: The stipulation as to the date of commencement is void.

Q: A and B were married in 2012. Before this marriage, in 2011, A inherited 20 hectare
rice field. But he leased this to X upon acquiring the rice fields. For the 2012 rentals, X
paid January 1, 2013. Who is entitled to this rental?
A: It would depend on their marriage settlement and their chosen property regime.
Consider date of marriage and frequency of payment (monthly, annually?). If CPG and
accrued before marriage, exclusive property. If CPG and accrued after marriage, part of
the conjugal property. If ACP, it will be part of the community property.
Q: A inherited a building before the marriage. During the marriage, expenses were
incurred for P2,000,000. Where is it chargeable to?
A: Depends on the property regime. If ACP, chargeable to the community property. It
does not matter whether it is minor or major. If ACP but the building is separate property
of A, it depends on whether it is being used by the family. It will then be limited to mere
preservation for minor repairs, the major repairs to be paid by the owner-spouse.

Q: Are the rules the same in CPG?


A: No. Only the fruits form part of the conjugal partnership.

Q: Is there any other expense which is chargeable to ACP but not in CPG?
A: Yes, 94(9) for illegitimate children.

Q: A bought a house and lot in 2000. In 2000, the price was P4M payable in installment
10 years. After 5 years, A married B. During this marriage, the installment payments
were taken from salaries of A and B. Six years thereafter, A died. Will this house and lot
form part of A?
A: Depends on the marriage settlement and property regime chosen. If ACP, it does not
matter when ownership was vested, half of it will form part of the estate of A. If CPG, it
depends on whether ownership was vested. If it was vested before the marriage, it will
form part of the exclusive property and estate of A. If it was vested after the marriage, it
will form part of the conjugal property subject to reimbursement. It will also depend on
the contract of sale, whether absolute or conditional sale.

Q: A is a businessman before the marriage. X borrowed from A P1M, payable in 2 years


at the rate of 24% per annum. After 1 year, A married B. X paid only after 3 years from
the time he borrowed the money. How much will have to be paid? Who will be entitled to
the amount?
A: Depends on the marriage settlement and property regime chose. If CPG and there
was demand after 2 years, amount to be paid will be P1.