Simplified Query: How does the absolute community of property work under the Philippine Family Code, especially regarding property acquired before and during marriage?
The Philippine Family Code governs the property relations between spouses, particularly emphasizing the "absolute community of property" as the default regime, unless otherwise agreed upon in a prenuptial agreement. According to Article 91 of the Family Code, all properties owned by the spouses at the time of the marriage or acquired thereafter are deemed part of the absolute community. This community property includes, but is not limited to, properties acquired during the marriage, regardless of whether the title is held individually or by both.
In instances where property, such as land, is sold during the marriage, the proceeds from the sale are generally considered part of the community property. This holds even if the property was originally owned by one spouse prior to the marriage, as its value is presumed to benefit the household.
Regarding the administration of such properties, the law provides that either spouse may partake in its management. However, in scenarios where the title is under one spouse's name, such as when the property was acquired before the marriage, significant transactions like sale or encumbrance typically require the consent of both spouses to protect the community's interest.
Foreign spouses face unique challenges, as Philippine law restricts land ownership to Filipino citizens and corporations at least 60% Filipino-owned. A foreign spouse cannot own land in the Philippines but can acquire property through inheritance or as the beneficiary in a will. In such cases, the foreign spouse's rights are usually proven through succession documents or wills, rather than traditional property titles.
If a property is purchased during the marriage and both spouses contribute to its acquisition, even if only one name appears on the title, the law presumes equal ownership in the community property. Should disputes arise, documentation of contributions and intentions at the time of purchase can be crucial in establishing each spouse's share.
In conclusion, the absolute community of property under the Philippine Family Code is designed to simplify and safeguard the family's assets, ensuring both spouses benefit equally from property acquired before and during the marriage. This system supports the idea that marriage is a partnership of equals, fostering unity and shared responsibility within the family.