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Report: Article 93 of Family Code of the Philippines

  • Writer: Kid Bernabe C. Abay-abay
    Kid Bernabe C. Abay-abay
  • Oct 18, 2017
  • 1 min read

Article 93. Property acquired during the marriage is presumed to belong to the community, unless it is provided that it is one of those excluded therefrom. (160a)


- The Regime of the Absolute Community of Property is the default property regime that would govern the property relations of a couple who had not executed a marriage settlement prior to their marriage. However, if it can be proven that the property is for exclusive and personal use of either spouse, it is exclusive. Property acquired during marriage by gratuitous title by either spouse is deemed excluded from the community property.


Illustration:

A and B did not execute a marriage settlement. After their wedding, A’s sister donated a condo to her alone. To whom would the condo belong?


Applying the provision above, the condo would belong to A alone.


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