Below is a broad overview of the legal principles in the Philippines that govern the purchase of property if spouses are not legally separated. This discussion covers the relevant legal frameworks, presumptions, and practical considerations under Philippine law. This article is for general informational purposes only and does not substitute for professional legal advice.

1. Overview of Marital Property Regimes in the Philippines

Under Philippine law—specifically the Family Code of the Philippines (Executive Order No. 209, as amended)—married couples are generally subject to specific property regimes. A “property regime” refers to the legal rules governing how property is owned, managed, and disposed of by spouses.

Absolute Community of Property (ACP)
- Default Regime (no prenuptial agreement). If a couple marries without executing a valid prenuptial or marriage settlement, the default property regime is Absolute Community of Property.
- All property generally belongs to the community. Under the ACP, almost all property acquired by the spouses prior to and during the marriage is considered part of the “community property,” except for certain exceptions provided by law (e.g., properties acquired by gratuitous title—inheritance or donation—belong exclusively to the spouse who received it, unless otherwise specified).
Conjugal Partnership of Gains (CPG)
- Prior Civil Code Marriages or via Marriage Settlement. Before the Family Code took effect on August 3, 1988, the default regime was Conjugal Partnership of Gains. Under the Family Code, it can still be adopted through a prenuptial agreement.
- Property earned during marriage is shared. In a CPG, each spouse retains ownership of the property he/she brought into the marriage and only the fruits or gains that accrue during the marriage become conjugal in nature.
Complete Separation of Property
- Requires a Marriage Settlement or Judicial Separation of Property. Spouses may agree in writing (prior to the marriage) to keep their properties completely separate. If no such agreement exists but one spouse later seeks to protect his/her property for valid reasons, a judicial separation of property might be granted by the courts under certain conditions (e.g., repeated failure to comply with marital obligations).
- Not the Default. In practice, this arrangement is less common unless there is a prenuptial agreement.

When spouses have not legally separated and there is no separation of property decree issued by the court, the married couple continues under their existing property regime—most often Absolute Community of Property if the marriage was celebrated without any prenuptial agreement after August 3, 1988.

2. Importance of Understanding Legal Separation vs. De Facto Separation

Legal Separation: A court decree of legal separation allows the spouses to live separately while remaining legally married, but the decree also has specific effects on property (typically, dissolution of the property regime and liquidation of common or conjugal properties).
De Facto Separation: A couple may be “separated” in actual fact (not living together, not cohabitating) yet have no court decree of legal separation or annulment. If no legal separation decree has been obtained, the original property regime continues to apply.
Implication on Purchases: In the absence of a legal separation order, property acquired by either spouse during the marriage is generally considered part of the community or conjugal property (depending on the operative regime).

3. Rules on Acquiring Property Without a Legal Separation

A. Presumption of Conjugal or Community Property

Key principle: All property acquired during the marriage is typically presumed to be conjugal or community property (Articles 116, 117, 91, 92, 93 of the Family Code), unless proven otherwise. Thus, if a spouse purchases real property while still married and without any judicial decree of separation, that property is ordinarily considered part of the conjugal (or community) assets.

Absolute Community of Property Regime (ACP)
- Under ACP, property purchased by either or both spouses during the marriage (except those acquired by gratuitous title—inheritance or donation to one spouse alone) belongs to the Absolute Community.
- Even if title is placed in one spouse’s name, there is a legal presumption that the property is owned by the community, unless evidence is shown that it was acquired with exclusive or paraphernal funds (e.g., inheritance specifically given to only one spouse, or personal property owned before marriage that remains exclusive under law).
Conjugal Partnership of Gains (CPG)
- In a CPG, property bought by either spouse using salaries, wages, or income generated during the marriage is typically considered Conjugal Partnership property.
- A spouse who claims exclusivity would have to prove that it came from personal assets or was acquired before the marriage.

B. Exclusive or Paraphernal Property

A spouse could still own exclusive property even without legal separation, provided that:

The asset was acquired before the marriage and retains its separate character.
The asset was acquired during marriage by gratuitous title (inheritance or donation) specifically for that spouse, and no contrary stipulation exists.
The spouse can prove he or she used exclusive/personal funds that do not form part of the community or conjugal partnership (e.g., if a parent gifted them money clearly earmarked as an exclusive property or if the spouse had legitimate personal funds that predated the marriage).

However, these exceptions can be difficult to prove if the asset was acquired while married, and especially if marital funds or salary—ordinarily considered conjugal or community property—were used.

4. Spousal Consent Requirements

A. Requirement for Valid Disposition or Encumbrance

Under Philippine law (Articles 96, 124 of the Family Code for ACP; Articles 124, 125 for CPG), the consent of both spouses is generally required when dealing with community or conjugal property, particularly for transactions that involve the sale, mortgage, or any encumbrance of real property. While the law focuses on disposition or encumbrance, many real estate developers and banks also require the spouse’s signature and consent for the purchase of real property to ensure clarity of title and compliance with the Family Code.

B. Lack of Spousal Consent: Possible Effects

Voidable Transactions: A contract to sell or mortgage community property without the consent of the other spouse may be voidable at the instance of the non-consenting spouse within five (5) years from the discovery of the transaction.
Practical Concerns: Even if a transaction were to push through without spousal consent, it might be legally challenged. Title or ownership questions can arise, making the property difficult to sell or transfer later.

5. Impact of No Legal Separation on Future Disputes

If you buy property while married and no decree of legal separation exists, that property will typically be pulled into the common or conjugal pool.
In the event of subsequent legal separation, annulment, or dissolution of property regime, this asset can be subject to liquidation and division in accordance with the Family Code provisions.

6. Practical Tips for Spouses Purchasing Property

Check Your Current Property Regime
- Review whether your marriage is governed by ACP, CPG, or a valid prenuptial agreement. This sets the baseline for ownership.
- If unsure, consult with a lawyer or review your marriage certificate and any attached settlement.
Maintain Proper Documentation
- If you claim exclusivity of funds (e.g., inheritance, donation, or personal assets acquired before marriage), keep evidence of the source of the money used for the purchase.
- This will help in case of disputes or if you need to prove the property is not part of the conjugal or community pool.
Obtain Written Spousal Consent
- Even if you consider the purchase as your “own” or if you’re physically separated from your spouse, in the eyes of the law (absent a legal separation decree), your spouse’s consent may still be critical.
- Banks, developers, and the Register of Deeds often require the spouse’s signature or at least a formal waiver/consent.
Consider Judicial Separation of Property (if truly needed)
- If a spouse wishes to keep properties acquired in the future wholly separate (and can show sufficient cause under the law), a judicial separation of property can be sought. However, this involves court proceedings and legal fees.
Seek Professional Legal Advice
- Philippine family law can be nuanced. A single detail—like the absence of legal separation—can determine whether an acquired property is exclusive or conjugal.
- Consulting a lawyer ensures compliance with requirements and helps avoid future disputes or voidable transactions.

7. Frequently Asked Questions

Q1. Can a spouse register property under their sole name while still married (no legal separation)?

Yes, it is possible to register the property under just one spouse’s name. However, under Philippine law, that does not automatically mean the property is exclusively owned by that spouse. The presumption that it is conjugal or community still applies unless you can clearly prove otherwise.

Q2. What if only one spouse paid for the property?

Under the Absolute Community regime, salaries and incomes earned by either spouse during the marriage belong to the community. Hence, even if one spouse earns more and solely provides the purchase money, the property would ordinarily still be classified as community property absent an exception (like exclusive funds).

Q3. Do I really need my spouse’s consent to purchase property?

Strictly speaking, the Family Code highlights spousal consent more acutely for dispositions (sale, mortgage) rather than acquisitions. However, in practice, many sellers, developers, and banks require or strongly prefer to see spousal consent or a marital status affidavit to ensure that no future claims arise. Failing to secure spousal consent at the time of purchase can create complications in transferring or disposing of the property later.

Q4. Can we buy property jointly while we are de facto separated but not legally separated?

Yes, but the law will treat it much like any other purchase by married persons under their property regime. If you are not legally separated, the property is presumed conjugal or community unless proven otherwise.

8. Key Takeaways

No legal separation means the existing property regime continues. Any property acquired during this time is generally part of the conjugal (or community) pool by operation of law.
Spousal consent is crucial, especially for major transactions involving real property. Without it, transactions risk being voidable.
Title in one spouse’s name does not guarantee exclusive ownership. Philippine law presumes marital co-ownership unless there is clear proof that the property should be exclusive (e.g., inheritance, prenuptial arrangement).
Document financial sources carefully if one spouse wants to claim exclusive ownership.
Legal advice is indispensable for properly navigating property relations if you are physically separated from your spouse but do not have a legal separation decree.

Disclaimer

This article provides a general discussion on property purchase without legal separation under Philippine law. It is not a substitute for individualized legal counsel. If you need advice specific to your situation, consult a qualified Philippine attorney who can assess the facts and guide you appropriately.