Exclusive Property of Each Spouse

Exclusive Property of Each Spouse:
Art. 109. The following shall be the exclusive property of each

spouse:
(1) That which is brought to the marriage as his or her own;
(2) That which each acquires during the marriage by gratuitous title;
(3) That which is acquired by right of redemption, by barter or by

exchange with property belonging to only one of the spouses; and
(4) That which is purchased with exclusive money of the wife or of

the husband.
Art. 110. The spouses retain the ownership, possession,

administration and enjoyment of their exclusive properties.
Either spouse may, during the marriage, transfer the administration

of his or her exclusive property to the other by means of a public
instrument, which shall be recorded in the registry of property of
the place the property is located.
Art. 111. A spouse of age may mortgage, encumber, alienate or otherwise

dispose of his or her exclusive property, without the consent of the other
spouse, and appear alone in court to litigate with regard to the same.
Art. 112. The alienation of any exclusive property of a spouse

administered by the other automatically terminates the administration
over such property and the proceeds of the alienation shall be turned
over to the owner-spouse.
Art. 113. Property donated or left by will to the spouses, jointly and with
designation of determinate shares, shall pertain to the donee-spouses as
his or her own exclusive property, and in the absence of designation,
share and share alike, without prejudice to the right of accretion when
proper.
Art. 114. If the donations are onerous, the amount of the charges shall
be borne by the exclusive property of the donee spouse, whenever they
have been advanced by the conjugal partnership of gains.
Art. 115. Retirement benefits, pensions, annuities, gratuities, usufructs

and similar benefits shall be governed by the rules on gratuitous or
onerous acquisitions as may be proper in each case.
Presumptive Death
Under Article 41 of the Family Code, there are four essential requisites
for the declaration of presumptive death:
1. That the absent spouse has been missing for four consecutive years,
or two consecutive years if the disappearance occurred where there is
danger of death under the circumstances laid down in Article 391 of the
Civil Code;
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2. That the present spouse wishes to remarry;

3. That the present spouse has a well-founded belief that the absentee is
dead; and,
4. That the present spouse files a summary proceeding for the
declaration of presumptive death of the absentee.”
Art. 391, Civil Code. The following shall be presumed dead for all
purposes, including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an

aeroplane which is missing, who has not been heard of for
four years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and
has been missing for four years;
(3) A person who has been in danger of death under other

circumstances and his existence has not been known for four
years.
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The topic that I am going to share with you are the grounds for
transfer of administration of the exclusive property of each spouse.
We all know that couples are bind as one forever during wedding
rites, however, not everything about the couples has to be shared from
hereon. The law provides the terms for his and her properties. Before we
are going to discuss the grounds for transfer of administration of the
exclusive property of each spouse, allow me to share with you what are
these properties that are exclusively own by each spouse and these are
the following:
(1) That which is brought to the marriage as his or her own;
 For example, a property bought by him or her before

marriage.
(2) That which each acquires during the marriage by gratuitous

title;
 For instance, a property that is acquired by inheritance.
(3) That which is acquired by right of redemption, by barter or by

exchange with property belonging to only one of the spouses;
(4) That which is purchased with exclusive money of the wife or of

the husband.
The spouses retain the ownership, possession, administration and

enjoyment of their exclusive properties.
Either spouse may, during the marriage, transfer the

administration of his or her exclusive property to the other by:
1. means of a public instrument;

2. to be recorded in the registry of property of the place where the
property is located.
Article 142, Family Code
The grounds for transfer of administration of the exclusive

property of each spouse are:
1. Other spouse becomes the guardian of the other;
 When the other spouse becomes incapacitated such as he is

sick and could not give a sound decision or his mental health
is affected.
2. The other spouse is judicially declared an absentee;

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3. Other spouse is sentenced to a penalty which carries with it

civil interdiction; or
 Civil interdiction is the interruption of person in managing his

or her own property. This can occur for example when a person
is deemed incompetent, such as when the person suffers from
insanity. Civil interdiction can also be the interruption of other
legal activities, such as control of one's spouse or offspring.
4. Other spouse becomes fugitive from justice or hiding as an

accused in a criminal case.

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Exclusive Property of Each Spouse:

Art. 109. The following shall be the exclusive property of each

(1) That which is brought to the marriage as his or her own;

(3) That which is acquired by right of redemption, by barter or by

(4) That which is purchased with exclusive money of the wife or of

Art. 110. The spouses retain the ownership, possession,

Either spouse may, during the marriage, transfer the administration

Art. 111. A spouse of age may mortgage, encumber, alienate or otherwise

Art. 112. The alienation of any exclusive property of a spouse

Art. 115. Retirement benefits, pensions, annuities, gratuities, usufructs

2. That the present spouse wishes to remarry;

(1) A person on board a vessel lost during a sea voyage, or an

(3) A person who has been in danger of death under other

(1) That which is brought to the marriage as his or her own;

 For example, a property bought by him or her before

(2) That which each acquires during the marriage by gratuitous

 For instance, a property that is acquired by inheritance.

(3) That which is acquired by right of redemption, by barter or by

(4) That which is purchased with exclusive money of the wife or of

The spouses retain the ownership, possession, administration and

Either spouse may, during the marriage, transfer the

1. means of a public instrument;

Article 142, Family Code

The grounds for transfer of administration of the exclusive

1. Other spouse becomes the guardian of the other;

 When the other spouse becomes incapacitated such as he is

2. The other spouse is judicially declared an absentee;

3. Other spouse is sentenced to a penalty which carries with it

 Civil interdiction is the interruption of person in managing his

4. Other spouse becomes fugitive from justice or hiding as an

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