Absolute Community of Property in the Philippines

Query: Are land value and other properties acquired before or during marriage part of the absolute community property, and how can a foreign spouse prove ownership of property based on the land title?

In the Philippines, the Family Code governs the property relations between spouses. Under Article 91 of the Family Code, all properties owned by the spouses before the marriage and those acquired during the marriage form part of the absolute community property, shared equally by the husband and wife.

Properties Included in Absolute Community:

1. Properties Owned Before Marriage:

   • Any property that each spouse owned before the marriage automatically becomes part of the absolute community property upon marriage. This includes real estate, personal property, and other assets.

2. Properties Acquired During Marriage:

   • All properties and assets acquired by either spouse during the marriage, except those excluded by law, are included in the absolute community property. This includes income, salaries, and purchases made from such income.

Exceptions to Absolute Community Property:

While most properties fall under the absolute community, certain exceptions are recognized by law:

• Properties acquired by gratuitous title (e.g., inheritance or donation) by either spouse during the marriage.
• Properties for personal and exclusive use of either spouse, except jewelry.
• Properties acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits or income of such properties.

Land Ownership and Title Issues:

1. Title Holder and Ownership:

   • In the Philippines, the title to a piece of land is a critical document that establishes ownership. If the title is in the name of one spouse, that spouse is generally recognized as the owner.

2. Foreign Spouse Ownership:

   • The Philippine Constitution restricts land ownership to Filipino citizens. A foreign spouse cannot legally own land but may own property through marriage. In such cases, the title is often in the name of the Filipino spouse.
   • A foreign spouse can co-own properties if purchased during the marriage, forming part of the absolute community property, provided it is not against the constitutional restriction on foreign ownership of land.

Proving Ownership:

1. Community Property:

   • Both spouses have an equal share in the absolute community property. This implies that any property, including land acquired during the marriage, belongs to both spouses regardless of whose name is on the title.

2. Documents and Evidence:

   • To prove ownership of property, spouses can present the marriage contract, documents of purchase made during the marriage, and any other legal documents showing acquisition or ownership.

Administration of Property:

1. Administration Rights:
   • The Family Code allows either spouse to manage the absolute community property. However, certain transactions require mutual consent, especially those involving the disposition or encumbrance of community property.
   • If the title of the family home is in the name of the wife, the husband can still administer the property, but substantial decisions typically require mutual agreement to protect both parties' interests.

In conclusion, under Philippine law, both spouses share equally in the absolute community property acquired before and during marriage. While foreign spouses face restrictions on land ownership, they still hold equal rights to community property acquired during the marriage. Proving ownership generally involves documentation and mutual consent for property administration.