Dear Atty. Chris Liquigan,

My name is Maya. I have been married for 26 years already. While married, I received some properties through inheritance. Are those properties considered as conjugal properties since I acquired them during my marriage? Thanks!

Maya

Hi Maya,

In regards to both the Civil Code of the Philippines (before 3 August, 1988) and the Family Code of the Philippines, properties acquired by gratuitous title are excluded from forming part of the conjugal properties.

Article 153 of the Civil Code of the Philippines says:

“(1) That which is acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or only one of the spouses;”

This provision was later carried on to Article 117 (1) of the Family Code of the Philippines, which likewise provides:

Article 117 of the Family Code of the Philippines states that:

“(1) Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or only one of the spouses;”

In consideration that acquired those properties through succession, the same would not be deemed as part of your conjugal properties.

I hope this enlightened you.

Atty. Chris Liquigan