Query: Does a condo purchased by a husband before marriage automatically become conjugal property after marriage in the Philippines?

In the Philippines, property acquired before marriage is generally considered as the separate property of the spouse who bought it. According to the Family Code of the Philippines, properties owned by either spouse before they were married remain their separate property. This rule applies unless there are stipulations to the contrary in a marriage settlement (prenuptial agreement).

Understanding Conjugal Property:

Conjugal Property Defined: Property acquired during the marriage is presumed to belong to the conjugal partnership, unless it is proven that it is one of those excluded by law.
Separate Properties: These include properties acquired by either spouse before marriage, properties acquired by either spouse by gratuitous title during the marriage (inheritance or gift), and properties purchased with exclusive money of either spouse.
Effect of Marriage: Upon marriage, properties acquired prior do not automatically become conjugal unless an event, agreement, or specific condition causes the reclassification of the asset as conjugal property.

Legal Framework:

Article 92 of the Family Code: Clearly enumerates properties considered as exclusive to each spouse.
Article 93 of the Family Code: Defines what constitutes conjugal property.
Property Relations Between Spouses: Governed by the default regime of conjugal partnership of gains unless the couple opts for complete separation of property or another regime via a prenuptial agreement before marriage.

Implications for Property Transactions:

In cases where a property is owned by one spouse before the marriage, it does not automatically merge into the conjugal properties unless new investments or payments are made towards the property from conjugal funds.
Renovations or improvements made on the separate property using conjugal funds may make the increase in value subject to conjugal ownership, even though the property itself remains separate.

Advice for Property Owners:

Documentation and Record-Keeping: Keep clear records of property acquisition dates and the sources of funds used for purchases.
Legal Consultation: Engage a legal expert to clarify specific situations, particularly when considerable transactions or property disputes arise after marriage.
Agreements and Contracts: Consider drafting a prenuptial agreement if there are substantial assets involved, to clearly define the ownership and management of properties prior to entering into marriage.

Conclusion: Ownership of properties acquired before marriage in the Philippines remains with the original owner unless specific legal actions or agreements change this status. Couples should consider how they want their assets handled and seek legal advice to set clear terms around property relations before and after marriage. This understanding ensures both parties' assets are protected and that any changes in property status are done with mutual consent and legal guidance.