Buying Real Property Solely in Your Name While Married

Philippine Law Overview & Practical Road-Map

1. Key Statutes and Concepts

Source	Core Rule
Family Code of the Philippines (E.O. 209, 1987)	Default property regime, spousal consent rules, marriage settlements, separation of property, void marriages.
Civil Code (until 3 Aug 1988 marriages)	Conjugal Partnership of Gains (CPG) still governs older unions.
Property Registration Decree (P.D. 1529)	How exclusive or community properties are titled and annotated.
National Internal Revenue Code & BIR regulations	Taxes on sales, donations, transfers between spouses.

2. What “Buying Solely in Your Name” Means

You want the Transfer Certificate of Title (TCT) or Condominium Certificate of Title (CCT) to bear only one spouse’s name and for the land to be classified as that spouse’s exclusive (separate) property. Under the default absolute community of property (ACP) regime (Family Code, art. 91), real property acquired for consideration during the marriage forms part of the community unless it squarely fits an exception.

3. Default Property Regimes & How They Affect Title

Marriage Celebrated	Default Regime	Rule on Property Bought During Marriage
On/after 3 Aug 1988 (Family Code)	ACP	All property acquired for a valuable consideration during the marriage belongs to both spouses jointly, even if titled in one name.
Before 3 Aug 1988 (Civil Code)	CPG	Similar practical effect; gains acquired during marriage are conjugal even if titled in one name.
With valid marriage settlement	Whatever is stipulated (e.g., complete separation of property, mixed regime)	Title may be placed in one name if the settlement so provides.
Void marriage (lack of license, bigamy, psychological incapacity, etc.)	Co-ownership under Art. 147/148	Property acquired through joint effort is owned pro rata; sole titling does not defeat shares.

4. Legitimate Pathways to Exclusive Ownership

Marriage Settlement (Pre-nup) – Art. 77–78, Family Code
- Must be in a public instrument executed before the wedding, with two witnesses, and registered in the local civil registry and registries of deeds.
- Can set Complete Separation of Property (CSP) or allow stated assets to belong exclusively to one spouse.
- Any real property bought later with that spouse’s exclusive funds will be separate and may be titled solely in that spouse’s name.
Property Acquired through Exclusive or Exempt Funds – Art. 92 (ACP) / Art. 109 (CPG) The following are automatically exclusive even without a pre-nup, provided you can trace the consideration:
- Property acquired before the marriage.
- Property acquired gratuitously (inheritance, pure donation) and the donor/testator expressly designates it as exclusive, or the other spouse renounces his/her share (Art. 98).
- Property purchased entirely with exclusive money, i.e., capital or proceeds of exclusive property, or personal damages.
- Replacement or fruits of the above property.
Practice Tip:
- Pay the full purchase price using a separate bank account clearly traceable to exclusive funds.
- The Deed of Absolute Sale (DOAS) should recite verbatim that the consideration came solely from the buyer’s exclusive property.
- Ask the Register of Deeds to annotate: “The consideration was paid out of the exclusive funds of … spouse under Art. 92, Family Code.”
Judicial Separation of Property – Arts. 134-138
- Granted on valid grounds (e.g., abandonment, habitual alcohol/drug dependence, lawsuit by creditors).
- After SEP is decreed and registered, each spouse may freely buy realty in his/her own name.
Donations Between Spouses – Art. 87
- General ban on donations between spouses during marriage covers real property; void if made without a marriage settlement permitting it, except “moderate gifts” on special occasions.
- Thus, one spouse cannot ordinarily “give” land to the other to make it exclusive.

5. Spousal Consent Rules You Cannot Ignore

Regime	Consent Needed to Acquire?	Consent Needed to Sell / Encumber?
ACP	No (purchase binds community anyway).	Yes. Disposition without written consent is voidable (Art. 124).
CPG	Same as ACP using Art. 96.	Same.
CSP / SEP	No. Each administers own property.	No, unless stipulated otherwise.

Key Point: Getting the other spouse to sign the DOAS “to show conformity” is common but not legally required to acquire property. What matters is whether the funds were exclusive; otherwise the property is community, no matter the name on the title.

6. Evidentiary Burden & Case Law

Presumption of Community: Any asset acquired for value during the marriage is presumed community/conjugal. The spouse claiming exclusivity must prove otherwise by clear and convincing evidence (receipts, inheritance papers, bank records).

Case	Ratio
Spouses Abalos v. Heirs of Gomez (G.R. 158989, 2005)	Title in one spouse’s name does not defeat conjugal presumption; vendee bears burden to prove separate funds.
Carating-Siayngco v. Siayngco (G.R. 212631, 2016)	Bank account was exclusive inheritance; land bought solely with it remained separate even without spouse’s consent.
Heirs of Malate v. Gamboa (G.R. 170338, 2008)	Annotation on TCT that property is “exclusive paraphernal” is not conclusive versus creditors if evidence shows conjugal funds used.

7. Registration Mechanics

Secure Tax Clearances and BIR Forms (CAR, CGT, DST).
Notarize the DOAS and pay transfer taxes at the City/Municipal Treasurer.
Present documents to the Registry of Deeds with a covering letter requesting annotation that funds are exclusive under Art. 92/109 or per marriage settlement.
Receive new TCT/CCT in your sole name. Keep all documents—especially proofs of fund source—in a fire-safe file; they may be needed decades later when you sell or if the marriage is dissolved.

8. Foreign-Spouse Nuances

Under Art. XII, Sec. 7, 1987 Constitution and the Foreign Investment Act, foreigners may not own land.
If the Filipino spouse buys land exclusively, title will be in the Filipino’s name alone even though married to a foreigner; but land becomes part of community property, so on dissolution the foreign spouse’s share is converted to money value.
Condominium units: foreigners may own up to 40 % of a project; same exclusivity principles apply.

9. Tax & Estate Planning Considerations

Transaction	Tax Exposure	Strategy
Purchase with exclusive funds	Usual CGT (6 %), DST (1.5 %), transfer taxes.	No extra donor’s tax if truly exclusive.
Post-purchase transfer to other spouse	Void donation (Art. 87) ⇒ treated as no transfer; cannot cure by paying donor’s tax.
Death of purchasing spouse	If exclusive, passes under a will or succession law, not as conjugal share.	Execute a will; consider substituting heirs.

10. Checklist for a Clean, Exclusive Title

Choose your pathway (pre-nup, exclusive funds, judicial SEP).
Document the source of money (bank statements, inheritance papers).
Draft DOAS to recite exclusivity; attach affidavit of marital property regime if using pre-nup.
Secure spousal conformity only if bank or seller insists; mark “for marital conformity only, not as co-buyer.”
Annotate exclusivity on the TCT/CCT.
Keep records until long after sale or estate settlement.

11. Common Pitfalls

Blanket statement in DOAS that buyer is “single” – voids the deed for misrepresentation if parties know you are married.
Partial use of community funds – even ₱1 of community money taints the entire purchase.
Failure to register marriage settlement – makes it ineffective versus third persons; property will be treated as community.
Belief that title controls – courts look behind the TCT; name alone is not dispositive.

12. Frequently Asked Questions

Question	Short Answer
Can I waive my spouse’s share after purchase?	Yes, via extra-judicial settlement on dissolution of marriage or via post-nuptial agreement approved by court before dissolution (Art. 136).
What if the seller insists on both names?	You can later execute a Deed of Assignment transferring the community share to you if you have a pre-nup or a court-approved SEP; otherwise assignment is void unless made after dissolution.
Is spousal consent needed for a mortgage?	Yes if the property is community/conjugal; no if property is exclusive and regime is CSP or SEP.

Executive Take-Away

Buying real property solely in your own name while married in the Philippines is perfectly lawful only if you (a) have a valid pre-nup or judicial separation of property, or (b) pay for the property entirely with assets that are already your own exclusive property and you can prove it. Absent those circumstances, the land automatically becomes part of the community—even if the TCT is in your name alone—and any future sale or mortgage will need your spouse’s written consent. Rigorous paper trails, accurate deed wording, and timely registry annotations are critical to defend the asset’s separate character for life, death, and litigation.