Family Code of the

Philippines
Prepared by:

ARLENE C. VALMORES
MBA 111
 Title IV
PROPERTY
RELATIONS
BETWEEN HUSBAND
AND WIFE
 GENERAL
PROVISIONS
Art. 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)
A A marriage settlement is an agreement
A marriage settlement is an agreement
executed between
executed between two two parties
parties who
who plan to plan
get
to get married,
married, in preparation
in preparation forregime
for the property the
that would regime
property govern their conjugal
that would property
govern during
their
the marriage. Such agreements are also
conjugal property during the marriage.
commonly known as “Pre-Nuptial Agreement”.
Such agreements are also commonly
known as “Pre-Nuptial Agreement”.
Art. 75. The future spouses may, in the marriage
settlements, agree upon the regime of absolute
community, conjugal partnership of gains,
complete separation of property, or any other
regime. 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)

In the Regime of Absolute Community of

Property, the husband and the wife become co-
owners of all the properties that they bring into the
marriage and those acquired by either or both of
them during the course of their marriage, save for
some exceptions. (Article 90 of the Family Code
of the Philippines)
Art. 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)

Art. 77. The marriage settlements and any

modification thereof shall be in writing, signed
by the parties and executed before the
celebration of the marriage. They 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.