Tama po ba o mali?
Maituturing po ba na conjugal property kung ibinigay at ipinangalan sa inyo ng kapatid mo ang lupa ng mga magulang mo and at that time ay parehas na kayong kasal? May habol po ba doon ang asawa? Tingin ko po kasi eh conjugal iyon kahit na hindi ikaw/kayo mismo ang bumili.
Salamat po sa inputs.
Ang sagot diyan ay depends kung kailan nangyari ang marriage:
Conjugal Partnership of Gains
Applying to marriages which took place before August 3, 1988, Conjugal Partnership of Gains dictates that properties acquired before the union are exclusively that of the buyer, where any property purchased or built by the husband during his singlehood is exclusively his. The same circumstances, of course, also applies to the wife, where property acquired when she was single are also hers as well.
However, upon being married, the couple’s properties are joined together as one estate, and any income or other benefits generated by it is considered shared. The same goes for properties acquired during marriage.
Should the union end and the couple files for legal separation or annulment, the properties purchased before marriage go back to being solely owned by the respective original owners. The husband or the wife can also freely dispose any of his/her exclusive properties acquired prior to marriage without any consent from the estranged party.
Anything earned from by the now separated estate is also no longer considered conjugal and is divided equally between the separating parties. The same equal division is done to the properties acquired during marriage, as they are considered conjugal, and mutual consent is required for their disposal.
Absolute Community of Property
Executive Code No. 209, or the Family Code of the Philippines, was signed into law by then-President Corazon Aquino on July 6, 1987. It states that for couples married on or any time after August 3, 1988, all properties acquired before or during the union are automatically considered conjugal properties upon marriage.
Under the Absolute Community of Property section of the code, all properties, whether acquired before or during marriage, are considered conjugal. Hence, any property purchased and/or built by a husband when still single is eventually considered conjugal and also owned by his wife upon marriage. Similarly, any property acquired by a wife when she was single also becomes owned by her husband upon marriage. In the event of legal that a couple covered by Absolute Community of Property files for a legal separation or annulment, their conjugal properties are divided equally among them.
Doesn't matter kung saan nanggaling ang property, kapatid man, magulang, binili, whatever. Ang importante lang date of marriage para malaman mo kung ano nag-aaply: Conjugal Partnership of Gains or Absolute Community of Property. So for example ang marriage ay on or after August 3, 1988, lahat ng property na acquired before and during marriage becomes conjugal property. Yung only way na lusutan yan ay kung nag-execute ng pre-nuptial agreement
to keep properties separate in case maghiwalay in the future.