Dear PAO,

Pam and I got married in 2022. We do not have any pre-nuptial agreement regarding our properties. Unfortunately, my mother died in August 2023, and my father died in January 2024. My siblings and I inherited several parcels of land from our parents, which we divided equally since our parents did not leave a last will and testament. I want to purchase a car and need cash to pay the down payment. I plan to sell one of the properties I inherited, but my wife does not agree. Can I sell my inherited land without the consent of my wife?

Gio

Dear Gio,

You may sell the property you inherited from your parents without the consent of your wife.

Article 1 of the Family Code of the Philippines gives the future husband and wife the right to decide on the property regime that they want to govern their property relations within the bounds of the law. However, for marriages contracted during the effectivity of the Family Code of the Philippines, it is provided by law that, in the absence of an agreement by the spouses, the default property regime would be an absolute community of property, to quote: “ARTICLE 75. The future spouse 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 settlements, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern.”

Thus, the property regime governing your marriage is an absolute community of property. Relative thereto, Article 91 of the Family Code provides that: “ARTICLE 91. 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.”

However, there are several properties that are excluded from the absolute community of property. The list is enumerated in Article 92 of the Family Code: “ARTICLE 92. The following shall be excluded from the community property: 1. Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property; 2. Property for personal and exclusive use of either spouse; however, jewelry shall form part of the community property; 3. Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property.”

It is clear that the properties acquired gratuitously by the husband or wife during their marriage would be excluded from the absolute community of property. For us to understand it better, “gratuitous” means the recipient of the property does not give anything in return, the consideration of the contract being the liberality of the donor/giver. An example of this is through donation or inheritance. Therefore, when a spouse inherits something from his or her parents during marriage, such property would be his or her exclusive property. Being an exclusive property, the owner spouse has the exclusive right over such property, to the exclusion of the other spouse, for the law only requires the consent of the other spouse if the property involved is community property.

In your case, you inherited the properties from your parents during your marriage. Because of this, the property that you have inherited is excluded from your absolute community property. It is your exclusive property, which you may sell without the consent of your wife.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].