Title IV-Prop. Relations between Husband and Wife - Articles 74-77

Title IV

PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

Chapter 1. General Provisions

Article 74. The property relationship 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; and

(3) By the local custom. (118)

What is Marriage Settlement?

It is a contract entered into by the future spouses fixing their property regime that should govern during the existence of the marriage.

Article 75. The future spouses may, in the marriage settlements, agree upon the regime of:

a)   absolute community

- all the properties acquired before and during the marriage will be considered part of one whole estate of the absolute community of property which is owned by both parties

b)   conjugal partnership of gains

- the properties acquired before the marriage are exclusively belong to the husband and wife.  The fruits of the properties shall be shared between them.  

c)   complete separation of property

- each spouse can own, dispose, possess, administer and enjoy his or her separate estate without the need of the consent of the other.

d)   dowry system

- where the wife would bring in property to help the husband in supporting the family, subject to the condition that at the end of the marriage the property or its value shall be returned.

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)

Illustration:

Paulita left the conjugal home because of the excessive drinking of her husband, Alberto. Paulita, out of her own endeavor, was able to buy a parcel of land which she was able to register under her name with the addendum "widow." She also acquired stocks in a listed corporation registered in her name. Paulita sold the parcel of land to Rafael, who first examined the original of the transfer certificate of title.

Has Alberto the right to share in the shares of stock acquired by Paulita?

Yes. The Family Code provides that all property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be absolute community property unless the contrary is proved.

GENERAL RULE: the parties cannot change or even modify their property relationship during the marriage.  Any modification or change must be made before the celebration of the marriage.  Any agreement to the contrary void.

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. (121)

Exception to the Rule.

The general rule that the parties cannot change or even modify their property relationship during the marriage is not absolute.  Some exceptions are provided for under the provisions of Articles 66, 67, 128, 135 and 136.  Husband and wife may, subject to the provisions of the stated Articles, change their property relation through a judicial order.

Article 77. The marriage settlements and any modification thereof shall be:

ü  in writing

ü  signed by   the parties; and

ü  executed before the celebration of the marriage;

ü  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)

  

Illustration:

Gabby and Sharon got married at Lourdes Church in Quezon City on July 10, 1990. Prior thereto, they executed a marriage settlement whereby they agreed on the regime of conjugal partnership of gains. The marriage settlement was registered in the Register of Deeds of Manila, where Mila is a resident. In 1992, they jointly acquired a residential house and lot, as well as a condominium unit in Makati. In 1995, they decided to change their property relations to the regime of complete separation of property. Mila consented, as she was then engaged in a lucrative business. The spouses then signed a private document dissolving their conjugal partnership and agreeing on a complete separation of property.

Is the agreement valid?

No, the marriage settlement between Gabby and Sharon adopting the regime of conjugal partnership of gains still subsist.  It is not dissolved by mere agreement of the spouses during the marriage.  It is clear from Art. 134, in the absence of an expressed declaration in the marriage settlements, the separation of property between spouses during the marriage shall not take place except by judicial order.

CASE DIGEST

G.R. No. L-33352 December 20, 1974

TEODORO E. LERMA, petitioner,
vs.
THE HONORABLE COURT OF APPEALS and CONCEPCION DIAZ, respondents.

PONENTE: MAKALINTAL, C.J.:

Facts:

In the case at bar, defendant-appellant Gelasio Lerma appeals from the judgment of the lower court granting his wife, the plaintiff-appellee Maria Quintana, a sum of money allegedly due her based on a contract they made for support.

As shown in the evidence, the two were married in 1901 and entered, in February 1905, into a written agreement of separation, renouncing certain rights as against each other, dividing the conjugal property between them and the defendant undertaking the duty to provide plaintiff P20-worth of monthly support and maintenance to be given within the first three days of each month.

In his original answer to the action, Lerma claimed that Quintana forfeited her right to support by committing adultery. However, this special defense was stricken out by the court on the ground that under Art. 152 of the Civil Code, adultery is not a recognized ground upon which obligation to support ceases.

The lower court refused to recognize the same defense when defendant reentered it in his amended complaint.

 Issue:

Whether or not the written agreement made by parties is void.

Ruling:

Yes. The agreement is void.  The Supreme Court held that Art. 1432 of the Civil Code provides that “in default of express declarations in the marriage contract, the separation of the property of the consorts, during marriage, shall only take place by virtue of a judicial decree, except in the case provided by article 50.” However, the wife has a right of action against defendant under the Code.