· Not an official government website

BatasKo

Ang Batas, Sa Simpleng Salita — your rights, finally explained.

Title IV — Property Relations Between Husband and Wife

Article 124

EO 209 · Family Code of the Philippines

ELI5— what this means for you

Both spouses jointly administer the conjugal partnership property. Acts of administration (day-to-day management) can be done by either spouse alone. Acts of strict ownership (selling, mortgaging, donating) require both spouses' written consent.

Official text — EO 209

The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision.

In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. (165a)

Source: lawphil.net (EO 209 as amended)

Related

RELATED RIGHTS

Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.