Article 1490:

Sale between Husband and

Wife
 Article 1490
GENERAL RULE: The husband and the wife cannot sell
property to each other,
EXCEPT:
(1) When a separation of property was agreed
upon in the marriage settlements ; or
(2) When there has been a judicial separation of
property under article 191. (1458a)
PRENUPTIAL AGREEMENT
JUDICAL SEPERATION AGREEMENT
NO PRE-NUPTIAL AGREEMENT

Conjugal Partnership Absolute Community

of gains

Before After

AUGUST 3, 1998
 NO PRENUPTIAL AGREEMENT

HUSBAND WIFE
CONJUGAL PROPERTY

BANK: Php 500,000 BANK: Php 1,000,000

 NO PRENUPTIAL AGREEMENT

HUSBAND WIFE
CONJUGAL PROPERTY

BANK: Php 500,000

BANK: Php 1,000,000
 Reason for prohibition under Article 1490

● To protect 3rd person

● To prevent abuse the influence of one spouse over the
other
● To avoid donation in the contract of sale
Person permitted to question sale.

 HEIRS

CREDITORS

GOVERNMENT