Dear Attorney,

I would like to ask for advice on property rights regarding land I purchased while I was married. My spouse and I are now separated, and she claims a share of the property, arguing that it is conjugal. She left the family years ago, and the children have been with me since. Is she still entitled to a portion of the property despite having abandoned us? Please help clarify if she has a legal right to it.

Sincerely,
Concerned Husband

Insights

In the Philippines, the property regime between married couples typically falls under the rules of conjugal partnership of gains or absolute community of property, depending on whether the couple married before or after the Family Code of the Philippines took effect on August 3, 1988.

Conjugal Partnership of Gains (Pre-August 3, 1988)
If the couple was married before the Family Code took effect, they are governed by the conjugal partnership of gains. Under this regime, properties acquired during the marriage are considered conjugal, meaning both spouses own the property equally, except for those exclusively owned by either spouse before the marriage or those inherited or donated.
Absolute Community of Property (Post-August 3, 1988)
For couples married after the Family Code was implemented, all properties acquired before and during the marriage (with a few exceptions) become part of the absolute community of property. This means both spouses share ownership of all properties unless excluded by a prenuptial agreement.
Rights Over Conjugal Property
Even in cases of separation, the Family Code provides that either spouse cannot unilaterally dispose of or claim full ownership of conjugal property without the other’s consent. Even abandonment does not automatically deprive a spouse of their conjugal rights, unless there is a court ruling declaring legal separation or nullity of marriage, along with a decision on the partition of properties.
Abandonment and Its Legal Effects
Abandonment alone, as a cause, does not extinguish the abandoning spouse’s rights to the conjugal property. For abandonment to affect property rights, it must be established through a court ruling or legal separation process. The court may decree that the abandoning spouse forfeits their share of the property if the abandonment is proven to be unjustified and with malicious intent.
Legal Recourse
To protect your property rights, it may be necessary to file a legal case to settle the matter and determine whether abandonment constitutes a sufficient basis for forfeiture of the wife’s share of the property. Until a court orders otherwise, her claim to the conjugal share remains valid.

To sum up, the wife may still claim rights over the conjugal property unless proven otherwise in court through a legal separation, annulment, or forfeiture proceedings.