Query: If a husband acquires a condo while he is single, does it become conjugal property once he gets married?

In Philippine law, the classification of properties in a marriage is governed by the Family Code, which distinguishes between conjugal property and exclusive property. Properties acquired by either spouse before they entered into marriage are considered personal or exclusive properties of the respective spouse. This means that a property purchased by a husband when he was still single remains his exclusive property even after marriage, unless a different agreement is reached through a marriage settlement before the wedding.

Key Points to Understand:

Exclusive Property: According to Article 92 of the Family Code, properties acquired before marriage are not considered part of the conjugal properties unless explicitly made so through a valid agreement.
Management of Exclusive Property: The owning spouse retains management rights over his or her exclusive property, but the conjugal partnership benefits from the fruits or income of this property if it is not kept separate.
Effect of Marriage Settlements: Couples have the option to draft a marriage settlement before their wedding to outline different terms for managing their properties. This can redefine what would traditionally be exclusive property as conjugal.
Proving Property Ownership: It is crucial for spouses to maintain proper documentation proving the timeline and manner of acquisition of the property to avoid disputes over its classification.

Legal Remedies and Considerations:

Transmutation of Property: If conjugal funds are used to improve, pay for, or enhance the exclusive property, it may result in what is legally termed as 'transmutation' where the property could partially become conjugal.
Agreements Post-Marriage: Adjustments to the initial property agreements after marriage must be done judiciously and ideally with legal counsel to ensure they are binding and recognized by law.
Dispute Resolution: In cases of disagreement or legal disputes over property between spouses, Philippine family courts will refer to the Family Code and the evidence presented regarding property acquisition and management.

Conclusion: The condo owned by a husband, purchased before his marriage, remains his exclusive property under Philippine law unless there are specific and legally binding agreements made to the contrary either before or during the marriage. Couples are encouraged to discuss property management openly and to formalize any unique arrangements legally to avoid potential conflicts. This understanding ensures that both parties are clear about their rights and responsibilities concerning property ownership and management within the marriage.