What are the Exclusive Properties of each Spouse ?

conjugal property 2

Here’s the flip side of conjugal property ownership that’s worth knowing.   As mentioned, most of my blogs are based on actual cases I’ve had to do research on for the benefit of my clients.  It’s just really uncomfortable to go through such an experience especially when the people involved are relatives or personal friends. 
Anyway, a right is a right, and what’s considered an exclusive property by law remains exclusive so it’s good to be aware of what belongs to you should the unfortunate event come.
The following shall be the exclusive property of each spouse:
  1. That which is brought to the marriage as his or her own;
  2. That which each acquires during the marriage by gratuitous title;
  3. That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and
  4. That which is purchased with exclusive money of the wife or of the husband.
The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties.Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located.
A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same.
The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse.
Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the donee-spouses as his or her own exclusive property, and in the absence of designation, share and share alike, without prejudice to the right of accretion when proper.
If the donations are onerous, the amount of the charges shall be borne by the exclusive property of the donee spouse, whenever they have been advanced by the conjugal partnership of gains.
Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case.As always, please consult your lawyer for legal advise.Thanks and warmest regards.robert

Robert G. Sarmiento Properties
Professional Affiliation :                                                                                 
PHILRES, San Juan                                                                                                                                Real Estate Broker’s Association of the Philippines
President, Greenhills Chapter 2008-2009
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