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MACALANDA & MACALANDA LAW OFFICES

4/F Tradenology Center, 1008 Quezon Avenue,


Barangay Paligsahan, Quezon City
Tel. No. (02)376-5764/ (02)411-7376/ (02)413-1028

July 29, 2019

MR. CLIENT
Address

Dear Mr. Client,

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

1. That which is brought to the marriage as his or her own;


2. That which each acquires during the marriage by gratuitous title;
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.

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

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.4

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

Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits


shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in
each case.7

I trust you find the foregoing helpful. Should you require any further assistance,
please do not hesitate to let me know.

Very truly yours,

Atty. Ronald O. Macalanda

5
Ibid., Art. 113
6
Ibid., Art 114
7
Ibid., Art. 115