Conjugal Property and Inheritance in the Philippines

Can an inherited property before or after marriage be considered as conjugal property?

In the Philippines, the distinction between separate and conjugal property is significant for married couples. Understanding whether an inherited property becomes part of the conjugal property is crucial for protecting one's assets.

Property Regimes in Marriage

1. Absolute Community of Property:

   • By default, the property regime for marriages contracted after August 3, 1988, is the absolute community of property, unless a prenuptial agreement states otherwise.
   • Under this regime, all properties owned by the spouses before the marriage, and those acquired during the marriage, generally form part of the community property.

2. Conjugal Partnership of Gains:

   • For marriages contracted before the Family Code's effectivity, the conjugal partnership of gains applies unless the couple agreed otherwise in a marriage settlement.
   • Here, only the properties acquired during the marriage form part of the conjugal partnership, while those acquired before remain separate.

3. Complete Separation of Property:

   • Spouses may agree in a marriage settlement to a regime of complete separation of property.
   • In this regime, all properties remain exclusively owned by the spouse who acquired them.

Inherited Property

1. Before Marriage:

   • Property inherited by a spouse before the marriage is considered separate property. It does not form part of the absolute community or conjugal partnership.

2. During Marriage:

   • Under the absolute community of property regime, properties inherited by either spouse during the marriage are excluded from the community property.
   • The Family Code (Article 92) specifically excludes properties acquired by gratuitous title (inheritance, donation) from the absolute community of property.

Management and Benefits

1. Management:

   • While inherited property is considered separate, the benefits or income derived from such properties during the marriage may fall under community or conjugal property, depending on the regime.
   • For example, rent from an inherited property would be part of the community property in the absolute community regime.

2. Disposition:

   • The spouse owning the inherited property retains the right to manage and dispose of it without the other spouse’s consent, as it remains separate property.

Legal Protections

1. Prenuptial Agreement:

   • Couples can protect their individual properties, including inherited ones, through a prenuptial agreement. This can specify the regime of complete separation of property or other arrangements tailored to their needs.

2. Documentation:

   • It is important to keep documentation proving the inheritance, such as wills, probate records, or donation documents, to establish that the property was acquired by gratuitous title.

Conclusion

Inherited property, whether acquired before or after marriage, is generally considered separate property and not part of the conjugal or community property. This provides a level of protection for such assets, ensuring they remain with the inheriting spouse. Understanding these distinctions helps in managing and safeguarding one’s inheritance within the bounds of Philippine law.