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On Exclusive Property of Each Spouse
On Exclusive Property of Each Spouse
MR. CLIENT
Address
Greetings!
This is in connection with your inquiry regarding exclusive property of spouses. Under
the Family Code, the following shall be the exclusive property of each spouse:1
Accordingly, legal implications may arise out of the foregoing provision of the Family
Code. One of which is that spouses retain the ownership, possession, administration and
enjoyment of their exclusive properties. Either spouse may, during the marriage, transfer
the administration of his or her exclusive property to the other by means of a public
instrument, which shall be recorded in the registry of property of the place the property is
located.2
A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her
exclusive property, without the consent of the other spouse, and appear alone in court to
litigate with regard to the same.3
1
Family Code, Article 109
2
Ibid., Art. 110
3
Ibid., Art. 111
4
Ibid., Art. 112
Property donated or left by will to the spouses, jointly and with designation of
determinate shares, shall pertain to the donee-spouses as his or her own exclusive property,
and in the absence of designation, share and share alike, without prejudice to the right of
accretion when proper.5
If the donations are onerous, the amount of the charges shall be borne by the
exclusive property of the done-spouse, whenever they have been advanced by the conjugal
partnership of gains.6
I trust you find the foregoing helpful. Should you require any further assistance,
please do not hesitate to let me know.
5
Ibid., Art. 113
6
Ibid., Art 114
7
Ibid., Art. 115