CONJUGAL PARTNERSHIP OF GAINS:
PROPERTY RELATIONS IN MARRIAGE
We previously noted that we are breaking down the
discussion on the property relations of the spouses
during marriage under the Family Code, as follows:
(1) Prenuptial agreements and introduction to
property relations between husband and wife;
(2) The system of absolute community; (3) Conjugal
partnership of gains; (4) Complete separation of
property; (5) Donations by reason of marriage; and
(6) Comparison of the various types of property
relations between spouses. This post is Part 3.
What is the conjugal partnership of gains?
Oftentimes referred to as the CPG, it is one of the
property relations between the spouses, under
which the husband and wife place in a common fund
the proceeds, products, fruits and income from their
separate properties and those acquired by either or
both spouses through their efforts or by chance, and,
upon dissolution of the marriage or of the
partnership, the net gains or benefits obtained by
either or both spouses shall be divided equally
between them, unless otherwise agreed in the
marriage settlements. In other words, the following
are placed in a common fund:
1. the proceeds, products, fruits and income from
their separate properties; and
2. those acquired by either or both spouses through
their efforts or by chance.
In what instances shall the regime of CPG apply?
It applies only when the future spouses agree to it in
the marriage settlement, if any. It also applies to
conjugal partnerships of gains already established
between spouses before the effectivity of the Family
Code, without prejudice to vested rights. This is the
default property relationship under the Civil Code,
which was changed to that of absolute community of
property under the Family Code.
When does the CPG begin?
It begins at the precise moment when the marriage
is celebrated, exactly like in absolute community of
property.
Can a spouse waive his/her share in the
community property during marriage?
No. Except in case of judicial separation of property,
any waiver of rights, shares and effects of the
absolute community of property during the marriage
can be made.
Are the rules on ordinary partnership applicable
to the conjugal partnership of gains?
As a rule, yes, but only if not in what is expressly
provided in the pertinent provisions of the Family
Code or by the spouses in their marriage
settlements.
What are the exclusive property of each spouse?
(1) That which is brought to the marriage as his or
her own;
(2) That which each acquires during the marriage by
gratuitous title (through pure liberality, as in
donation and testate/intestate succession);
(3) That which is acquired by right of redemption, by
barter or by exchange with property belonging to
only one of the spouses; and
(4) That which is purchased with exclusive money of
the wife or of the husband.
What is the significance of having an exclusive
property?
The spouses retain the ownership, possession,
administration and enjoyment of their exclusive
properties. A spouse may also 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.
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. However, the alienation of
any exclusive property of a spouse administered by
the other automatically terminates the administration
over such property and the proceeds of the
alienation shall be turned over to the owner-spouse.
What properties belong to the conjugal
partnership?
(1) Those acquired by onerous title during the
marriage at the expense of the common fund,
whether the acquisition be for the partnership, or
for only one of the spouses;
(2) Those obtained from the labor, industry, work or
profession of either or both of the spouses;
(3) The fruits, natural, industrial, or civil, due or
received during the marriage from the common
property, as well as the net fruits from the
exclusive property of each spouse;
(4) The share of either spouse in the hidden
treasure which the law awards to the finder or
owner of the property where the treasure is
found;
(5) Those acquired through occupation such as
fishing or hunting;
(6) Livestock existing upon the dissolution of the
partnership in excess of the number of each kind
brought to the marriage by either spouse; and
(7) Those which are acquired by chance, such as
winnings from gambling or betting. However,
losses therefrom shall be borne exclusively by
the loser-spouse.
What is the presumption regarding properties
acquired during marriage?
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 conjugal unless the
contrary is proved.
What is the rule in case of purchase by
installment?
Property bought on installments paid partly from
exclusive funds of either or both spouses and partly
from conjugal funds belongs to the buyer or buyers
if full ownership was vested before the marriage and
to the conjugal partnership if such ownership was
vested during the marriage. In either case, any
amount advanced by the partnership or by either or
both spouses shall be reimbursed by the owner or
owners upon liquidation of the partnership.
What is the rule in case a spouse has a credit
payable to him over time?
Whenever an amount or credit payable within a
period of time belongs to one of the spouses, the
sums which may be collected during the marriage in
partial payments or by installments on the principal
shall be the exclusive property of the spouse.
However, interests falling due during the marriage
on the principal shall belong to the conjugal
partnership.
What is the rule if improvements are made on
that exclusive property using conjugal funds or
through the acts or efforts of either or both
spouses?
The ownership of improvements, whether for utility
or adornment, made on the separate property of the
spouses at the expense of the partnership or through
the acts or efforts of either or both spouses shall
pertain to the conjugal partnership, or to the original
owner-spouse, subject to the following rules:
1. When the cost of the improvement made by the
conjugal partnership and any resulting increase in
value are MORE than the value of the property at the
time of the improvement, the entire property of one
of the spouses shall belong to the conjugal
partnership.
2. When the cost of the improvement made by the
conjugal partnership and any resulting increase in
value are LESS than the value of the property at the
time of the improvement, the entire property shall
remain with the owner-spouse.
3. In either case, the owner-spouse or the conjugal
partnership, as the case may be, is entitled to
reimbursement for the value of the principal property
or the improvement, as the case may be.
4. It doesn’t matter if the improvements are for utility
or adornment.
What are the charges upon and obligations of
the conjugal partnership?
The conjugal partnership shall be liable for:
(1) The support of the spouse, their common
children, and the legitimate children of either
spouse; however, the support of illegitimate children
shall be governed by the provisions of the Family
Code on Support;
(2) All debts and obligations contracted during the
marriage by the designated administrator-spouse for
the benefit of the conjugal partnership of gains, or by
both spouses or by one of them with the consent of
the other;
(3) Debts and obligations contracted by either
spouse without the consent of the other to the extent
that the family may have benefited;
(4) All taxes, liens, charges, and expenses, including
major or minor repairs upon the conjugal partnership
property;
(5) All taxes and expenses for mere preservation
made during the marriage upon the separate
property of either spouse;
(6) Expenses to enable either spouse to commence
or complete a professional, vocational, or other
activity for self-improvement;
(7) Ante-nuptial debts of either spouse insofar as
they have redounded to the benefit of the family;
(8) The value of what is donated or promised by both
spouses in favor of their common legitimate children
for the exclusive purpose of commencing or
completing a professional or vocational course or
other activity for self-improvement; and
(9) Expenses of litigation between the spouses
unless the suit is found to groundless.
If the conjugal partnership is insufficient to cover the
foregoing liabilities, the spouses shall be solidarily
liable for the unpaid balance with their separate
properties.
What are the rules concerning personal debts
contracted before or during the marriage?
1. As a rule, the payment of personal debts
contracted by the husband or the wife before or
during the marriage shall not be charged to the
conjugal partnership properties.
2. However, these debts shall be charged to the
conjugal partnership properties insofar as they
redounded to the benefit of the family.
3. If the spouse has no exclusive property, it may be
charged to the conjugal partnership, subject to the
provisions below.
What are the rules concerning fines and
pecuniary indemnities imposed on each
spouse?
These cannot be charged to the partnership.
However, the payment of personal debts contracted
by either spouse before the marriage, that of fines
and indemnities imposed upon them, as well as the
support of illegitimate children of either spouse, may
be enforced against the partnership assets after the
charges/obligations enumerated in above have been
covered, if the spouse who is bound should have no
exclusive property or if it should be insufficient; but
at the time of the liquidation of the partnership, such
spouse shall be charged for what has been paid for
the purpose above-mentioned.
What is the rule in case of winnings or losses in
gambling?
Any loss incurred by a spouse during the marriage
in any game of chance or in betting, sweepstakes,
or any other kind of gambling whether permitted or
prohibited by law, shall be borne by that spouse, and
shall not be charged to the conjugal partnership. Any
winnings, on the other hand, shall form part of the
conjugal partnership property.
Who has the authority to administer the conjugal
partnership property?
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.
Can either spouse make donations of conjugal
partnership property?
As a rule, neither spouse may donate any conjugal
partnership property without the consent of the
other. However, either spouse may, without the
consent of the other, make moderate donations from
the conjugal partnership property for charity or on
occasions of family rejoicing or family distress.
When does the conjugal partnership terminate?
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void;
or
(4) In case of judicial separation of property during
the marriage.
Does the separation in fact or de facto
separation between the spouses affect the
conjugal partnership?
No. However, the following are the effects:
(1) The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall not
have the right to be supported;
(2) When the consent of one spouse to any
transaction of the other is required by law, judicial
authorization shall be obtained in a summary
proceeding;
(3) In the absence of sufficient conjugal partnership
property, the separate property of both spouses
shall be solidarily liable for the support of the family.
The spouse present shall, upon petition in a
summary proceeding, be given judicial authority to
administer or encumber any specific separate
property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter’s share.
What is the rule if a spouse abandons the other?
If a spouse without just cause abandons the other or
fails to comply with his or her obligation to the family
(referring to marital, parental or property relations),
the aggrieved spouse may petition the court for
receivership, for judicial separation of property, or for
authority to be the sole administrator of the conjugal
partnership property, subject to such precautionary
conditions as the court may impose.
A spouse is deemed to have abandoned the other
when he or she has left the conjugal dwelling without
intention of returning. The spouse who has left the
conjugal dwelling for a period of three months or has
failed within the same period to give any information
as to his or her whereabouts shall be prima facie
presumed to have no intention of returning to the
conjugal dwelling.
What is the applicable procedure in the event of
dissolution of the conjugal partnership regime?
The following procedure shall apply:
(1) An inventory shall be prepared, listing separately
all the properties of the conjugal partnership and the
exclusive properties of each spouse.
(2) Amounts advanced by the conjugal partnership
in payment of personal debts and obligations of
either spouse shall be credited to the conjugal
partnership as an asset thereof.
(3) Each spouse shall be reimbursed for the use of
his or her exclusive funds in the acquisition of
property or for the value of his or her exclusive
property, the ownership of which has been vested by
law in the conjugal partnership.
(4) The debts and obligations of the conjugal
partnership shall be paid out of the conjugal assets.
In case of insufficiency of said assets, the spouses
shall be solidarily liable for the unpaid balance with
their separate properties.
(5) Whatever remains of the exclusive properties of
the spouses shall thereafter be delivered to each of
them.
(6) Unless the owner had been indemnified from
whatever source, the loss or deterioration of
movables used for the benefit of the family,
belonging to either spouse, even due to fortuitous
event, shall be paid to said spouse from the conjugal
funds, if any.
(7) The net remainder of the conjugal partnership
properties shall constitute the profits, which shall be
divided equally between husband and wife, unless a
different proportion or division was agreed upon in
the marriage settlements or unless there has been a
voluntary waiver or forfeiture of such share as
provided in the Family Code.
(8) The presumptive legitimes of the common
children shall be delivered upon partition.
(9) In the partition of the properties, the conjugal
dwelling and the lot on which it is situated shall,
unless otherwise agreed upon by the parties, be
adjudicated to the spouse with whom the majority of
the common children choose to remain. Children
below the age of seven years are deemed to have
 chosen the mother, unless the court has decided
otherwise. In case there is no such majority, the
court shall decide, taking into consideration the best
interests of said children.
If a spouse dies, how is the conjugal partnership
liquidated?
Upon the termination of the marriage by death, the
conjugal partnership property shall be liquidated in
the same proceeding for the settlement of the estate
of the deceased. If no judicial settlement proceeding
is instituted, the surviving spouse shall liquidate the
conjugal partnership property either judicially or
2.
extra-judicially within six months from the death of
the deceased spouse.
What happens if the foregoing procedure in the
immediately preceding paragraph is not carried
out?
If the procedure on liquidation, as outlined above, is
not followed: (a) any disposition or encumbrance
involving conjugal partnership property by the
surviving spouse shall be void; and (b) any
subsequent marriage shall be governed by the
mandatory regime of complete separation of
property.
How is support charged during the liquidation?
From the common mass of property support shall be
given to the surviving spouse and to the children
during the liquidation of the inventoried property and
until what belongs to them is delivered; but from this
shall be deducted that amount received for support
which exceeds the fruits or rents pertaining to them.
87 thoughts on “Conjugal Partnership of Gains:
Property Relations in Marriage”
1. JOHNNovember 24, 2007 at 1:38 am
I would like to know if one spouse dies in the
Philippines owning Conjugal Property with no born
children. If the husbands Parents are still alive are
they entiled to any part of the property?
Reply ↓
1. MichelleJanuary 5, 2017 at 1:52 pm
Good pm atty. This is Mitch, 24 years old a
legally adopted child. My father died when I
was 5 years old. We are living in a house built
by both of my parents and the lot of my
grandmother ( my father’s mother). My
mother and I has been happily living here for
over 24 years. I’m just worried that since this
is still the lot of my grandmother and if ever
something happens and she dies, does her
children ( my uncle and aunt) have the right
to acquire this house which my parents built
and my grandmother’s lot eventhough we
have been freely inhabiting in this place for
more than 24 years? Are there are any legal
actions that we need to do in order to acquire
this lot? I’m willing to talk to you via email or
phone for any advise. Thank you.
Reply ↓
2. FredAugust 5, 2018 at 9:44 pm
Conjugal property will be divided in two and
half will go to surviving spouse. The other
half will be divided between the spouse again
and to parents of the deceased.
Reply ↓
Atty. FredPost authorNovember 26, 2007 at
6:45 pm
John, it’s not as simple as it looks, as there are so
many factors to consider. Nevertheless, I suggest
you start your research with Article 997 of the Civil
Code:
“When the widow or widower survives with legitimate
parents or ascendants, the surviving spouse shall be
entitled to one-half of the estate, and the legitimaye
parents or ascendants of the other half.”
Reply ↓
1. ray rayJune 10, 2015 at 11:55 am
gud pm Atty.Fred
tanong ko lang po sana sayo ito about sa
property ng lola ko may anak siya dalawa
tapos namatay na po ung dalawa niyang
anak,, tapos po may apo pa po siyang anim
po bali apat po sa panganay niya tapos
dalawa sa pangalawa niyang anak,,, tapos
po ibeninta niya lahat ng lupa niya,,,, bali ito
po ang tanong ko wala po ba kaming
karapatan sa lupa niya po,,,,,,?
Reply ↓
1. vickyJanuary 31, 2017 at
11:49 am
mam/sir isang mapagpalang umaga
po, mam/sir, nilakasan ko na po ang
loob ko na mag msg po sa inyo upang
isangguni ko po ang aking problema
po sa nyo po, mm/sir, mag 9 yers na
po akong biyuda, mam/sir, ang hipag
ko po simula ng namatay ang asawa
ko ay isinumbat po lahat sa aking ang
mag itinulong niya sa kapatid niya
nung nabubuhay pa po, mam/sir, ako
po ay pinapalays ng aking hipag sa
aking bahay po na kmi po ay kasal ng
aking asawa po, mam/sir, yung lupa
po na tinitirikan ng aking bahay ay
lupa ng biyenan ko po, na parehas na
po silang pumanaw, mam/sir
sinasabi po ng aking hipag na wala
po daw ako karapatan sa aming
bahay po, na simula po ng kinasal
kami ay unti unti po naming itinayo
 ang aming munting bahay po,
mam/sir tanong ko lng po, wala po ba
talaga ako karapatan sa aming
bahay,na laging sinasabi sa akin ng
aking hipag po, mam/sir di po ba
kapag mag asawa na at ngpundar ng
ari arian ay conjugal property po
mam/sir,wala po akong ibang hangad
po kundi yung karapatan ko po bilang
asawa ng kapatid nila po.mam/sir at
sinabihan po ako ng hipag ko na mag
consulta po daw ako sa tunay na
abogado po.mam/sir pasencya na po
kayo sa abala po ata sana po ay
matulungan nyo po ako sa aking
problema na kung wala po akong
karapatan po.maraming salamat po
at GOD BLESS PO.MAM/SIR wiling
po ako magpunta sa office nyo po
upang ilahad ko po sa nyo ng
personnal at marami pong sulat ang
aking hipag sa akin na puro
panununbat po, mam/sir, at yun po
bang itinulong nya po sa kapatid nya
nunu nabubuhay po ay kailangan
kong bayaran po sa kanya po mam,
pero mam sa katahimikan at ayaw ko
po ng gulo,binabayaran ko po sa
kanila buwan buwan po, nung una po
ay 3,000.00 po kada buwan, pero
sinabi ko po na d ko kay ang 3,000.00
kada buwan po ginawa ko pong
2,000.00 kada buwan po ang hulog
ko po mam, at huling bayad ko po sa
kanya ay nung last December 2016
po.mam/sir, paencya na po kayo at
maraming salamat po, sana po
mam/sir matulungan nyo po ako.
Reply ↓
3. serboDecember 22, 2007 at 1:15 pm
I am married to a british.He buy a house with lot and
a one car..It was a gift for me now he wants the half
coz we decided to get our own ways.
Now my problem in That deeds of sale is it only my
name and it says its single but still he have the
reciept for the banking when he was paying the
house and cars..
Is he have a fight if i said no to him (for having
devided the property)?
Coz i dont want to sale it..
Please give some advise..thanks
Reply ↓
4. AndyApril 7, 2008 at 6:45 am
To whom it may concern,
I would like to ask for your advise regarding my case:
Me and my wife decided to part our ways.I have
properties(houses and cars) that are named after
me, and was bought when I was still single(bought
by my parents as gifts to me). After we were married,
the property titles were not change, nor its property
owner stated in it. I would like to ask, when me and
my wife would file for an annulment, will she get part
of my properties that are still named after me?
Thank you and God bless.
Reply ↓
5. dianneJuly 31, 2008 at 4:00 pm
I would just like to ask how the net profit is computed
in the CPG? In ACP, as I understand it, the growth
of the properties which the spouses brought into the
marriage constitutes the net profit. In CPG, is there
a separate CPG capital distinct from the separate
properties of each of the spouse whose growth will
be considered the net profit? this i ask with regard to
forfeiture of the ‘net profit’ of the ACP/CPG when one
of the spouses is at fault or acted in bad faith during
the marriage.
Thank you very much.
Reply ↓
6. ZimoOctober 23, 2008 at 6:57 am
My stepmother opined that the liquidation of assets
of the terminated marriage only applies if the
surviving spouse had outstanding loan. Her opinion
about article 130 of the New Family Code states that
because my Father had no loans or the Conjugal
partnership with my mother did not incur a loan,the
liquidation of the conjugal property is not mandatory.
Is she correct?
Reply ↓
7. jhudes08December 3, 2008 at 9:56 am
Me and my husband bought a condominium unit 7
months after we got married. During our purchase
I’m still using my maiden name because I haven’t
change my name in my passport. If I change my
name to married name in my passport, SSS ID and
other documents, am I still a legal owner of the
condo unit that we bought which is under my maiden
name?
Reply ↓
8. grand-daugtherFebruary 16, 2009 at 10:31
pm
Here’s our problem. My grandmother married to an
old single man and they dont have children but on
the previous married of my grandmother she has 3
children and one of her siblings is my mother.
When they lived together my grandmother and our
step-grandfather bought a land and they build a
house and a store. A few years later my
grandmother pass-away from then on; my mother
 enhireted the store and her stepfather enhireted the id b glad if u can help.=)
house as his part of the property after several years,
My mother moved into different place and she Reply ↓
assume the store for over 5 years.

After the death of her step-father, the brother’s and
relatives of her step-father claiming not only the
house but also the store that my mother enhireted
from her mother. They said that the store was own
by thier brother and my mother has no right on it.So
they filled a case against my mother to the Brgy.
Captain but sad to say they dont make it because it
was known for everybody that my mother has the
right since, it was a conjugal property between her
mother and her stepfather and that she enhireted the
store but the problem is after we redeem back the
store and started to build a fence around the store,
the brother of the stepfather of my mother file a case
againts my mother claiming that they own it and they
have title of the land which the name of my mother’s
step-father is in the land title. Now this give us a big
problem because it seems that they want to say that
my mother has no right.
I was so desperate to know and seek an advice on
what should we do. This people are so greedy that
even for the fact that it was clearly stated that my
mother has the right to own the store that she
enhireted from her mother. It was only a small piece
of store but they claiming that my mother has no
right.
Is my mother has really no right for this?
What should be do, when the store that my mother’s
repair was being destroyed by her stepfather
brother? Please help us..
Grand-daugther
Reply ↓
1. anthonyJanuary 3, 2016 at 7:05 pm
Enhireted is clearly not conjugal
property…you can ask any Atty that you
know..if I where you..I will file a case of
harassment to them….
10. KcatralSeptember 29, 2009 at 8:42 am
Sir I need to ask something important regarding
conjugal property this is because my dad is selling
loaning our land and any properties without the
consent of my mother who is working in Hong Kong
sorry if i have to express this in tagalog sinasabi niya
na wala raw kaming pakialam kung ibenta niya or
sanla niya lahat nung lupa kasi mana raw niya ito sa
tatay niya saan ba pumapasok ang pre-nuptial
agreement hindi ba automatic conjugal property ang
isang bagay once they entered marriage. I’m only
asking this because we filled a case on concubinage
sa father ko kasi binebenta niya yung lupa niya
without consent ni mama ko tapos yung
pinagbebentahan ay napunpunta sa babae niya
hindi sa amin na mga anak niya
Reply ↓
11. mjplondonOctober 23, 2009 at 11:38 am
Hi Atty. Fred and Company.
I have a somewhat related question.
My friend, ex-Filipino citizen, acquired Canadian
citizenship and renouced Philippine Citizenship. He
married, and is now seeking to divorce.
While he was a Canadian citizen (Phil citizenship
already renounced), he inherited property in the
Philippines with his siblings from his Dad. The TCT
of the property now bears his siblings names AND
his name. However, there seems to be
complications with the way his name was mentioned
in the TCT — that is, if his name was Juan de la
Cruz, Jr and his wife (ex Phil, Canadian citizen,
renounced), was Maria de la Cruz, the TCT says ”
[…siblings…], AND Juan de la Cruz, Jr, married to
Maria de la Cruz, AND […siblings].”
Canadian laws says that inherited properties are
exempt from net family property computation.

Reply ↓ However, what does that entry in the Philippine TCT

legally mean? Does the fact that Maria’s name is
mentioned in the ….married to Maria de la Cruz…
9. lawstudSeptember 2, 2009 at 3:29 pm does that mean that she has claim to that TCT? Or
is it only a documentary requirement that her name
Hi atty, if I may ask about this.. be there but it doesn’t confer her with ownership?
Can you make a single distinction for eah of the
following areas between the regime of complete Once the divorce goes through, should Juan seek to
separation of property and absolute community remedy the TCT to ensure that no claims are made?
property:
Many thanks Atty. Fred & Company.
a)as to when instituted Kudos!
b)as to how instituted
C)as to coverage Reply ↓
d)as to administration
e)as to liability and/or sharing in the family expenses
f)as to disposition of property 12. lindzMarch 9, 2010 at 3:24 am
g)as to dissolution of property regime
 dear atty,
i just want to ask for advice my mother died last
December 2007 and she’s the breadwinner in our
family..When she died my father want’s to sell our
farm which is my mother bought it.. it’s just that or it
seems that its part of conjugal property i think..
When he want to sell it me and my brothers want’s
to ask for our share because i have two of my brother
still in college i want them to finish their studies that’s
why i ask for our share.. But my father said that if he
give us our share it would be 50% for him and the
other 50% would divided for the four of us siblings is
it right? And now other problem occurred my father
have other woman and the woman is pregnant so is
their any changes of the conjugal property or the
sharing of the price of the farm? Is it favor for me and
my 3 brothers? Please help me…
14.
Thank you
Lindz
Reply ↓
1. EllaJanuary 16, 2017 at 11:02 pm
Dear atty.
Im sorry to have added on those too many
questions sent to you..but i need an advice
badly regarding my case
I am.living with a married man for 13 yrs
already and with 2 children from him..he is
not separated from.her legal wife but the 15.
latter one is already living with another man
also.
At start we dont really have enough for a
living and really started from nothing..then i
decided to engage into business and
fortunately it grows and i can say we already
invest few properties..but my man has too
many vices including other girls and earlier a
prohibited drugs..and too many parasite
friends..he was done with the drugs i guess
but not with the girls..i can no longer bear
things..and i want to leave him..i acuired
some properties already as he was dumping
some money..the properties i acquired is all
on my name because he is so busy with his
world that we seldom talk but the acquired
properties was never hidden to him..will he
get part of those propeties from me once i
made up my mind to leave him for good?pls
message me back
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1.
13. anjeztridApril 10, 2010 at 5:13 pm
Dear Atty Fred
My anullment has been done a month ago.I still have
to go back to court for the hearing on the custody
and support . 2.
I am confused regarding our house. I just want to
know if he can get a share of our house the fact that
me and my daughter lives in our house and he left
the said house for almost 7 years now.It is known
here in our place that he is having an affair with a
married woman.
Another thing is he refused to give financial support
to our daughter
which is injustice on my daughters part
Is there anything i can do to force him give the
support?
If i will force him to support our daughter can he also
force to ask a share of our house?
Pls email me rightaway at anjeztrid@live.com
I need it urgently
Thnak
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andreadyMay 24, 2010 at 4:17 pm
Dear Atty,
My husband leaves us for about seven months. We
are not legally separated. He uses our car, a
conjugal property, fetching his girl from somewhere
and even using it going out for a date. How can I get
my share and my right on this conjugal property?
Thank you very much!
Reply ↓
anne223October 14, 2010 at 9:00 am
Dear Atty.:
I just want to seek advise before taking any action.
I am a former OFW and sent money to my parents
in the province. While I was working abroad I met
someone and we live together as partner (not
married)and we got 2 kids. Without telling me, my
parents bought a property (farm) and they put under
my name and partner. Now my problem is, we are
now separated and my partner demand for his
share. Does she have the right, since we are not
married and my parents was the one who bought
that property and they are the signatory of the land
title?
Please, i hope i can hear from you. Cause this
person threaten my parents. Thank you very much..
cim10712January 15, 2011 at 1:43 am
are properties acquired before the marriage
considered a conjugal property?
Reply ↓
tri2September 13, 2011 at 8:42 am
Atty.
 I would like to be clarified on the following:
I remarried in year 2009, eleven (11) years after my
first spouse passed away. I was able to marry my
present spouse when she got an annulment from her
previous marriage. She and her former husband
have lived separate lives since 1996 and their
marriage was declared annulled by the court in
2008.
1. In 2004, she started paying installments for two
(2) residential lots she purchased in Bulacan and
expects to pay for it in full in 2014. She is paying
exclusively for these lots.
What would be the rule on property relations among
myself, my wife and her former husband insofar as
the lots is concerned?
2. I have four (4) children from my deceased wife
while my spouse has a daughter. All of them are of
major age. I own a house and lot where my spouse
and I are living with my own 3 children. My eldest
son and my spouse’s daughter are abroad.
I acquired our house and lot in 1987 with
extrajudicial settlement among myself and my 4
children which provides that we divide half of the
house and lot, being the conjugal share of my
deceased wife.
What would be the rule on property relations among
myself, my spouse, my 4 children and my
stepdaughter insofar as the house and lot is
concerned?
How will we go about the registration of the
properties in both cases?
Thanks.
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3.
4. patricioDecember 20, 2011 at 6:15 pm
dear sir,
I want to ask if my mother can still claim his part of
my fathers properties after he died five years ago.
He died at the age of 91, when he was still alive my
father and my mother had an arguement that made
my mother left and live to the other house(my father
has two seperate properties).In doing so my step
sister who was living in the U.S. came to the
phillippines and without us knowing transfer the
deeds of both properties to her name.My age of my
father then was 80, after only a few months my
parents quarrel was over, but only a few years later
that came to our knowledge of what my step sisiter
did. My mother finish only 1st grade in elememntary
and has no knowledge of our laws even though it is
very hard for her to accept what happen we dont
know what to do, she is still living in the second
house which she had been living in their 30 years of
marriage. Now my half sister wants her to leave the
house for they are selling the lot..Hoping you can
give us legal advice ang help on our situation. Thank
you sir and more power.
Reply ↓
5.
6. patricioDecember 20, 2011 at 6:23 pm
Dear Sir,
I want to ask if my mother can still claim his part of
my father’s properties after he died five years ago.
He died at the age of 91, when he was still alive my
father and my mother had an argument that made
my mother left and live to the other house (my father
has two separate properties).In doing so my step
sister who was living in the U.S. came to the
Philippines and without us knowing transfer the
deeds of both properties to her name. My age of my
father then was 80, after only a few months my
parents quarrel was over, but only a few years later
that came to our knowledge of what my step sister
did. My mother educational attainment was only 1st
grade in elementary and has no knowledge of our
laws. It is very hard for her to accept what had
happen, and we don’t know what to do, she is still
living in the second house which she had been living
in their 30 years of marriage. Now my half sister
wants her to leave the house for they are selling the
lot.Hoping you can give us legal advice and help on
our situation. Thank you sir and more power.
Reply ↓
7.
8. purlMarch 5, 2012 at 11:52 pm
atty,
i would like to ask about my situation.
my grandparents (parents of my father) donated a
land to my father after marriage. now, the parents of
my dad died and also my father. my mother sold the
lot. how much is my part as only child? my mom told
me that i will get 1/2 of it. i am already 29 years old.
and im living separate from my mom.
thank you!
ill be waiting for your reply
@ zaire_ashley@yahoo.com
Reply ↓
9.
10. sarah.espalteroSeptember 11, 2012 at 10:17
am
If for example, i purchased a parcel of land in a
province before getting married. I named the title
before me and indicated that i’m single. Would that
be considered as part of the conjugal property when
i got married?
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11. d_epetitoSeptember 14, 2012 at 6:53 pm
Hello atty..
 wala n ba kaming karapatan nsa naiwan ng tito ko
sa kanyang mga paupahan , nauna lang po sya
namatay sa asawa nya at nung namatay ung tito ko
binenta daw nya ung mga bahay sa mga pamangkin
nya , loans and so i had been shouldering the bigger part
ano ang gagawin namin para makuha yung
kalahati?
kasi nahati n po ng magasawa yan kaso walang
kasulatan pero may witness po yung mga nakatira
sa paupahan nila,,,
sana po masagot mo ito salamat
Reply ↓
12.
13. viehermosoamorJuly 10, 2013 at 5:42 am
I would like to ask advise on what should I do on my
property problem.
My father die 3 year earlier than my mother, before
my father die my parents has conjugal debts. After
years my mother sick and she lend money to
multiple person. In order to pay her debts she sale
her house or shall we say a family house to me. I am
the oldest daughter among 5 children of my parents.
During the signing of deed of sale my two sister and
younger brother sign to justify that they agree the
said saling or transaction and we have also outside
our family witness the said agreement. My problem
is one brother did not sign the deed of sale because
he is in Cebu prison house . My mother is in need .
Non of us benefit the money from the house it’s not
even enough to pay my mother debt.
Now my brother who did not sign the said saling of
house demand the his share from house to me
cause I am now the new owner.
I guess that is not possible cause I pay what my
mother saling price to. He suppose to ask my mother
about his share but that not possible cause she die
with cancer after one month from the time sale the
house me. My younger sisters and younger brothers
and even me do nth any penny from the house.
What should I do or action to do with my brother who
ask money from me.? He said he has right to claim
his share from the house. I told him if he has the right
to claim me too. But we don’t have left over only my
mother knows what she does with money. This
month I like to sale this house in order to scape the
discussion of my ex house. I am the new owner so I
have right to sale the house, but the problem is he
harassing me or the prospective buyer.. What
should I do…
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14.
15. confused40August 27, 2014 at 11:49 pm
Dear Attorney;
I am married for 14 years. My husband has been
constantly drinking. He promised a lot of times to
stop it but he never did. Also, i suffered a lot of verbal
insults, criticisms and sarcasms from him especially
when we fight. There were also 3 times of instanced
that he hit me when he was under the influence of
alcohol. Moreover, he does not inform me of his
plans esp on financial matters. He had unnecessary
of the finances. Until one day, i found out that I fell
out of love because of these things that had already
piled up. In many situations, he would also insult our
children and use abusive words on them. Now,
whenever he comes home drunk which is too often,
I would be too nervous. He also doesn’t try to
augment our budget knowing that he’s salary is too
small for the needs of our 6 kids. I have been
financially problematic too. We have an L300 can
bought under his name, he put up a computer shop
in Manila without my knowledge but he is not giving
me any part of the income and we are still paying our
house which is still owned by my sister-in-law and so
he bears the title for it.
With all of these, i plan to leave my husband but i
intend to stay in the house and ask him to move out.
Also, i am worrying if he will support the kids
completely if we will be formally separated. Please
help me for the best thing to do. Thank you in
advance.
Reply ↓
16. anneOctober 8, 2014 at 11:56 am
atty,
i would like to ask what you think on the the following
questions:
1.can a husband solely and exclusively owning a
parcel of land costituted their family home on the
said land sell the same?
2.whether a debt be extinguished by marriage
between the debtor and creditor?
Reply ↓
17.
18. AnthonyOctober 12, 2014 at 4:55 pm
Dear a tty.
I just want to ask.. my mother bought a land way
back 1995 and my father doesn’t know it on the title
my mother’s name and married too my father and
she is the only one signed so we sold the land and
it’s written clearly that my mother is on the title but
married to what can we do about the deed of sale
Reply ↓
1. EllaSeptember 16, 2017 at 11:46 am
hi! Atty. I had a property when I was single
name but I have a Live in Partnerin that time
we’be been together for almost 12 years..
We have 2 kids….Then last 2 years we’ve
got married.. A year from from weve got
married he was engaged into different vices
and hes having a third party now he left us
for a year and he is not supporting to our
 children…My question is he entitled to claim
that property I bought when Im still a
single..MY mother in law is the who building
a house on that lot proeperty of mine.. Do I
have the Right to evict them. Do i have the
right to raise a complain my husband for not
supporting our chidren.Please avise..
Reply ↓
19. VangieNovember 7, 2014 at 11:12 am
Dear Atty,
My husband and I are an active members of our
church for 12 years but this year, my husband
changed religion. Early part of our 12 years
involvement in the church, both of us agreed to
donate our unfinished house for the church’s use.
There is no legal donation made but just a donation
agreement signed by both of us. The church funded
our house’ construction, renovation and major
repairs. Early this year also, our pastor told us to sell
our house for the proceeds to be use for a big
ministry project. However, my husband disagree and
does not agree to sell our house, until we had
disagreements and quarrel already.
Can I exercise my right as his wife to sell our house,
which is our conjugal property and donate my 50%
share, if my husband will agree to that terms?
If my husband continue to disagree, what can be my
course of action?
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20.
21. MelissaJanuary 20, 2015 at 9:14 pm
Blessed Day!
My lolo waived part of the residential property to his
daughter and there’s a paper supporting it but the
siblings havent seen the paper. The other daughter
asked for a part of the property but my lolo said she
should ask form her sister as the property has
already been waived. The sister refused to give the
other daughter a part of the property saying that she
is a widow while her sister is happily married. What
law governs this kind of matter? Lolo passed away
years after that conversation but my lola who is
turning 90 is still alive, also living in the same
compound but is in a different house. She isnt saying
anything about the matter but the siblings are now
almost arguing about the ownership of the waived
property.
I hope you could email me the best help and sound
advise.
Reply ↓
22. Randy HormigosFebruary 2, 2015 at 8:49
pm
Dear Atty,
I’ve been separated with my wife for 13 years and
when I resign from my company I allowed her to get
it on my behalf. She told me she will deposit the
money ( time deposit). When the time come that I
ask about the money she told me she spend it all for
my kids with out my knowledge. The question is can
she get awy with that easily? What legal action can
I do? Is that a part of conjugal property?
Regards
Randy
Reply ↓
1. AkashiJune 27, 2015 at 9:34 pm
Dear Mr. Hormigos,
According to this blog, ‘those obtained from
work or profession’ means she has right for
those.
The conjugal partnership shall be liable for:
(1) The support of the spouse, their common
children, and the legitimate children of either
spouse; however, the support of illegitimate
children shall be governed by the provisions
of the Family Code on Support;
(2) All debts and obligations contracted
during the marriage by the designated
administrator-spouse for the benefit of the
conjugal partnership of gains, or by both
spouses or by one of them with the consent
of the other;
(3) Debts and obligations contracted by
either spouse without the consent of the
other to the extent that the family may have
benefited;I have questions for you.
You said that she spent it ALL on your kids.
How many kids do you have? In which
schools are they in? Does your children stop
schooling? How much is the money your wife
got? When did she get them? Are you sure
she spent it all on your kids? Do you have
some credit payables? Some debts or
something needed to be paid? Do you
provide them enough? Are you providing
additional support for them? Do you do
gambling? Why does she need to use your
separation pay?
Thank you in advance if your going to answer
my questions. We’re in the same situation so
I just want to know from someone who
shares the same boat as me.
Regards,
Sei
Reply ↓
2. JungApril 29, 2018 at 1:48 pm
Oh really??
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