Dear Atty. Peachy,

My wife and I have been married for 11 years. Three years ago, I used my savings to buy a parcel of land in Bulacan. The Deed of Sale and the title are both in my name alone because I was the one who negotiated and paid for the property.

Recently, we have been having marital problems. During an argument, my wife told me that she owns half of the property even though her name does not appear on the title. I disagreed because I paid for the land entirely from my income.

If the property is registered solely in my name, does my wife still have rights over it?

Patrick

Dear Patrick,

The fact that a property is titled solely in one spouse’s name does not automatically mean that the other spouse has no rights over it. Under the Family Code, ownership rights depend largely on the property regime governing the marriage and on when and how the property was acquired.

If you and your wife did not execute a prenuptial agreement before marriage, the default property regime is generally the absolute community of property. Under this regime, properties acquired during the marriage are generally presumed to form part of the community property, subject to the exceptions provided by law. Thus, if the land was acquired during the marriage and does not fall within any of the exclusions under the Family Code, such as property acquired by gratuitous title (e.g., inheritance or donation), the fact that the title is registered solely in your name is not, by itself, conclusive proof of exclusive ownership.

Accordingly, your wife’s claim cannot be rejected solely because her name does not appear on the certificate of title. At the same time, her entitlement is not established merely by virtue of being your spouse. Relevant factors include the date of acquisition, the source of the funds used to acquire the property, the existence of any prenuptial agreement, and the applicable property regime governing the marriage.

In short, a land title bearing only one spouse’s name is not necessarily determinative of ownership as between husband and wife. The parties’ respective rights are governed not only by the certificate of title but also by the applicable provisions of the Family Code.

Atty. Peachy Selda-Gregorio