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7. My husband and I executed a pre-nuptial agreement before our marriage but we never registered the same with any government agency. Is it valid?
As between the two of you, yes it is valid as it is in the nature of a contract. Obligations arising from contracts have the force of law between the
contracting parties and should be complied with in good faith. (Article 1159 Civil Code of the Philippines)
However, the pre-nuptial agreement shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is
recorded as well as in the proper registries of properties. (Article 77 Family Code of the Philippines)
8. My husband and I did not execute a prenuptial agreement. During our marriage, my mother donated a property me alone. Is the property mine?
Yes, property acquired during the marriage by gratuitous title by either spouse is deemed excluded from the community property. (Article 92 (1) Family
Code of the Philippines)
9. My husband and I have no pre-nuptial agreement. During our marriage my husband engaged in cock-fighting and incurred debts. Am I liable for his debts
as well?
No. Whatever your husband lost during your marriage in any game of chance or in betting, sweepstakes, or any other kind of gambling whether
permitted or prohibited by law, shall be borne by him and shall not be charged to the properties owned in common. (Article 95 Family Code of the Philippines)
10. Will the property I acquired before marriage form part of the community property?
Yes. All properties are deemed part of the community property in the absence of any marriage settlement executed prior to the marriage.
However, properties acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the
income, if any, of such property is deemed excluded from the community property. (Article 92(3) Family Code of the Philippines)
11. My husband and I executed a conjugal partnership of gains pre-nuptial agreement before our marriage. What property belongs to me?
The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties. (Article 110 Family Code of the Philippines)
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. (Article 109 Family Code of the Philippines)
12. My present partner and I are unmarried, what property regime govern?
When parties who are capacitated to contract marriage live together as man and wife without the benefit of marriage or under a void marriage, they are
deemed as co-owners in equal share of their wages, salaries and properties. (Article 147 Family Code of the Philippines)
13. My girlfriend and I are living together as husband and wife without the benefit of marriage does she have a share in my income despite the fact that I am
the sole breadwinner?
Yes. In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts,
work or industry, and shall be owned by them in equal shares.
Under the law, your girlfriend's care and maintenance are deemed as her contribution to the union. (Article 147 Family Code of the Philippines)
14. I only recently learned that my marriage to my husband is void and that he knew all along that our marriage was void. What will happen to our
properties?
The share of the party who is in bad faith shall be forfeited in favor of the common children. However, if the union produced no children or if the
common children or their descendants waive their right to their respective share, the properties shall belong to you. (Article 147 Family Code of the Philippines)
15. My girlfriend is married to another man but they have since separated and we have been living together as man and wife for several years already. What
governs our property relation?
You and your girlfriend are deemed as co-owners of the properties acquired through actual joint contribution of money, property, or industry in
proportion to your respective contributions. Absent any proof actual contributions, the contributions and corresponding shares are presumed to be equal. The
same rule and presumption shall apply to joint deposits of money and evidences of credit.
However, since your girlfriend is validly married to another, her share in the co-ownership shall accrue to the absolute community or conjugal
partnership existing in her valid marriage.(Article 148 Family Code of the Philippines)