Spouse’s consent needed in disposition of property
"Six months after my marriage with my estranged wife in 2010, we obtained a loan from Sheena. The latter is now running after me so I am contemplating waiving the house and lot which I bought in 2013 in Sheena’s favor since I do not have any money. Would there be any legal problem?
You married your wife in 2010, when the Family Code of the Philippines was already in effect. You failed to mention, however, whether you entered into any property relation when you contracted your marriage, so we presume that the regime of Absolute Community of Property shall be applied to your situation. This is in accordance with Article 75 of the same law which states that “in the absence of marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this code shall govern.”The house and lot which you bought in 2013 is presumed to belong to the absolute community of property because it was acquired during your marriage. This finds support with Article 91 of the said law which provides that “unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter.”
The contract waiving the property to Sheena is a disposition of a property belonging to the absolute community of property. This contract is governed by Article 124 of the same law which states:“The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.”In the disposition of property belonging to the absolute community of property that the written consent of the other spouse must be obtained. In the case of Hapitan vs. Spouses Lagradilla and Esmeralda Blacer (G. R. No. 170004, January 13, 2016), the Supreme Court through Honorable Associate Justice Francis H. Jardeleza stated:“Xxx In effect, by agreeing to the validity of the sale, Nolan disposed of or waived his and Esmeralda’s rights over the house and lot, which the lower courts found to be part of their conjugal property.Such disposal or waiver by Nolan is not allowed by law. Article 124 of the Family Code requires that any disposition or encumbrance of conjugal property must have the written consent of the other spouse otherwise, such disposition is void. Further, under Article 89 of the Family Code, no waiver of rights, interests, shares, and effects of the conjugal partnership of gains during the marriage can be made except in case of judicial separation of property. Clearly, Esmeralda did not consent to Nolan disposing or waiving their rights over the house and lot through the Amicable Settlement. xxx”
Applying the above cited case in your situation, the contract disposing any of the properties belonging to the absolute community of property in favor of Sheena requires the written consent of your wife.This opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated. We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to ."
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"Spouse’s consent needed in disposition of property"
was written by Mary
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comments. The article was created on 15 September 2021
and updated on 15 September 2021