Q. In your previous column, I read about a husband seeking clarification over the rights and status of certain real estate property , where in the title of the land as stated in Transfer Certificate of Title (TCT), was in the name of the husband married to…the name of the wife. According to that particular column of yours, although the subject property originally came from the mother of the husband, the wife is considered a co-owner of the property.
My case is similarly situated to the issues raised in your previous column. I have a property in Manila. The money that I used in buying this property came exclusively from my mother. This money was given to me as a special gift before I got married.
After I got married to my husband in 1995, I purchased a 3-bed room Townhouse. And in the Condominium Certificate of title (CCT), the name of registered owner is me, married to “the name of my husband. Based on my understanding in your recent column, is this particularly property now considered as conjugal property, simply because when this property was purchased by me, I was already married? And as such, I could not sell it without the consent of my husband? Please enlighten me for my peace of mind. Concerned Wife (CW). Thank you.
Ans:
Thank you for writing. As you were married in 1995, your property relations with your spouse are governed by the provisions of the Family Code, more particularly, and the Absolute Community Property regime. This is consistent with the provision in Article 75 of the Family Code that in the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in the Code shall govern.
Kindly take note on the word “presumed” that was used in the earlier case. This presumption is not absolute and conclusive. Of course, to overcome this presumption, you have to prove that the indeed the money used in the purchased of this particular property was exclusively your money. Meaning that this money already existed at the time of your marriage with your husband.
You see pursuant to Art.92 of Family Code, there are certain properties of the respective spouses that are excluded in the community property. One of the exclusion could be the subject property, which according to you came from the proceeds of the money that was given to you by your mother before you got married.
And it was only after your marriage that you used this money to buy the property in question. In your particularly situation, this property could be considered as paraphernal property and falls within the exclusion as provided in Art. 92 of the Family Code . As paraphernal property, this cannot form part of the community or conjugal property of the spouses.
As your paraphernal property, this can be alienated or mortgaged solely by you even with out the consent of your husband. While it is apparent that the title of this property is registered in your name alone, the phrase married to “ the name of your husband, as appearing on title, is merely descriptive of your civil status and should not be construed to mean that your husband is also the registered owner of the said property. ( Ruiz vs. Court of Appeals, 401 SCRA 410).
Again, thank you for writing, as this corner looks forward that the above have satisfied your queries and concerns.