Dear Attorney,

I am currently married, but my spouse and I have been living separately for some time now. We have not undergone legal separation or annulment. I am planning to purchase a piece of land using my own money. My concern is whether this property will be considered conjugal property under the law, even though we are no longer living together. Thank you for your guidance.

Concerned Individual

Insights

Under Philippine law, the property regime that governs married couples typically depends on when the marriage took place and whether a prenuptial agreement was executed. If no prenuptial agreement was made, the default property regime is the Absolute Community of Property (ACP) for marriages entered into on or after August 3, 1988, under the Family Code of the Philippines. For marriages before this date, the regime is the Conjugal Partnership of Gains (CPG), unless otherwise specified.

In your case, the fact that you and your spouse are no longer living together does not automatically dissolve your marital obligations under the law. Since there is no legal separation, annulment, or judicial declaration of nullity of marriage, the presumption of joint ownership in a marriage still applies. Any property you purchase while still married, regardless of whether you and your spouse live together or whether the money used is solely yours, may still be considered conjugal property under ACP or CPG, depending on the circumstances of your marriage.

If you are under the Absolute Community of Property regime, all properties acquired during the marriage (except for specific exclusions like those inherited or gifted solely to you) are presumed to be part of the community property. This means that the land you plan to buy would become part of the conjugal property, and your spouse would have a claim to it.

Even under the Conjugal Partnership of Gains, while properties acquired before the marriage are considered separate, properties acquired during the marriage from your own funds may still be considered conjugal if the funds used are deemed part of the common effort. The source of the money (whether it's your salary or any other income earned during the marriage) plays a crucial role in determining whether the property becomes conjugal.

To safeguard your interests, it is advisable to either enter into a postnuptial agreement, which needs court approval, or seek a legal separation or annulment if reconciling with your spouse is no longer an option. Only with such legal remedies can the division of property be clarified, and you can ensure that future assets will not be part of the conjugal property. Consulting a lawyer for detailed advice on your specific situation would be prudent to avoid complications down the line.