Property Ownership and Marital Status in the Philippines: Understanding Conjugal Property Laws

Dear Attorney,

I am married but have been separated from my spouse for some time, although we have not legally filed for separation or annulment. I am considering purchasing a piece of land using my personal funds. My concern is whether this property would be classified as conjugal property despite being acquired solely with my money.

Thank you for your assistance.

Insights:

Under Philippine law, property relations between married couples are governed by the Family Code of the Philippines. Since you mentioned that there is no legal separation, annulment, or declaration of nullity of marriage, your marriage is still legally valid. In such cases, the property regime typically applies, and any property acquired during the marriage, regardless of whose money is used, is generally considered part of the conjugal partnership or absolute community of property, depending on your specific property regime.

1. Conjugal Partnership of Gains (CPG): If you and your spouse were married before August 3, 1988, or if you have agreed to this regime through a prenuptial agreement, the CPG would apply. Under this regime, property acquired during the marriage is presumed to be conjugal, except for those explicitly listed as exclusive or personal. Even if you used your own money to buy the land, unless proven to be personal or exclusive funds, the property could still fall under conjugal property and, thus, subject to division in case of legal separation, annulment, or death of either spouse.

2. Absolute Community of Property (ACP): If you were married after August 3, 1988, or if you have no prenuptial agreement, the ACP would govern your property relations. This regime merges all properties acquired before and during the marriage into a single mass of properties jointly owned by both spouses, with certain exceptions. Again, any property acquired while still married is presumed to be part of the ACP, regardless of whose funds are used, unless it qualifies as exclusive property, such as property acquired by gratuitous title (inheritance or donation) or property you had before the marriage.

To summarize, under either regime, the property you wish to purchase would likely be considered part of the conjugal or community property, even if purchased with your personal funds, unless it falls under the exemptions provided by law.

If your objective is to ensure that the land remains your sole property, you might consider formalizing your marital separation through legal separation, annulment, or a prenuptial agreement (if not already done). Consulting with a lawyer specializing in family and property law would be advisable to help you navigate the complexities of property ownership during marriage and achieve your desired outcome.