Conjugal properties

Dear Atty. Peachy,

I am writing to seek your legal advice regarding a property dispute stemming from my recent separation from my wife. To provide some context, I am a 47-year-old businessman who has been married for 10 years. Recently, my wife decided to leave me for another man, and while we are no longer living together, we have not yet filed for legal separation or annulment.

The crux of my concern lies with a property we purchased during our marriage — a home in Quezon City. Although the property is solely in my name and was entirely funded by my income, I am aware that under Philippine law, properties acquired during marriage are generally considered conjugal property. My ex-wife has recently attempted to assert her rights concerning this property, claiming she has a say in its management and any potential rental income.

Given my circumstances, I have several questions:

1. What legal rights do I have over the property given that it is solely in my name and funded by my income?

2. Does my wife’s decision to leave and her infidelity have any legal implications regarding her claims to this property?

3. What steps should I take to protect my interests and ensure that my ex-wife does not interfere with my management of the property?

Your guidance on these matters would be invaluable as I navigate this challenging situation.

Thank you for your attention, and I look forward to your insights.

Rodel

***

Dear Rodel,

Thank you for your letter. Navigating the complexities of marital separation, especially when property is involved, can certainly be a challenging experience. Let us address your concerns regarding your wife’s claims over the property you purchased.

Absolute Community of Property (ACP) is the default property regime if the spouses did not execute a prenuptial agreement. Under the ACP, all properties acquired by either spouse during the marriage are considered community property, including those acquired through any form of income (salary, bonuses, etc.) and gifts received by either spouse during the marriage, except those donated with a stipulation stating otherwise. Given your situation, if you were married without a prenuptial agreement and acquired the property during the marriage in Quezon City, it would be classified under the Absolute Community of Property regime. This means:

Your wife would generally have a claim to the property, as it would be considered community property despite being solely titled in your name.

Even if it was funded exclusively by your income, the law presumes that properties acquired during the marriage are shared unless specifically exempted.

Under Article 55 of the Family Code, infidelity can be a ground for legal separation, which might factor into property disputes. Nonetheless, infidelity itself does not automatically affect property rights concerning the management or ownership of properties acquired during the marriage. Your wife may still have a claim unless a legal separation or annulment is finalized, where property sharing may be delineated.

While your individual rights may appear strong given that the property is under your name and solely funded by you, the application of the Family Code regarding ACP could complicate matters. Legal clarity and formal actions such as separation or annulment will greatly assist in establishing clear boundaries regarding property rights.

Wishing you the best in handling this situation.

Atty. Peachy Selda-Gregorio