1) What people mean by “conjugal property” in the Philippines

In everyday use, “conjugal property” usually refers to property belonging to the spouses as a unit during marriage. Legally, which pool of property that is depends on the property regime governing the marriage:

A. Absolute Community of Property (ACP) — the usual default today

For marriages celebrated on or after August 3, 1988 (effectivity of the Family Code), and without a valid marriage settlement, the default regime is Absolute Community of Property. In ACP, almost everything owned by either spouse before the marriage and acquired during the marriage becomes part of the community, except specific exclusions (see Part 2).

B. Conjugal Partnership of Gains (CPG) — common for older marriages or if chosen

CPG is the default typically associated with pre–Family Code marriages or when spouses validly agree to it in a marriage settlement. In CPG, each spouse generally retains exclusive ownership of property brought into the marriage, but the “gains” (and many acquisitions during marriage) become conjugal.

C. Separation of Property or other regimes — only if validly agreed

If spouses have a valid marriage settlement providing complete or partial separation, the “conjugal property” idea changes because each spouse may own property separately—but special rules (like the family home) can still require spousal consent.

Why this matters: whether a sale needs the other spouse’s consent depends first on whether the property is part of ACP/CPG or is exclusive.

2) Is the property really “conjugal/community” or exclusive?

A. Under ACP (Family Code, Articles 91–99; management in Article 96)

Community property generally includes:

Property owned by either spouse at the time of marriage, and
Property acquired during marriage,

Except (typical exclusions under Article 92), such as:

Property acquired gratuitously (inheritance or donation) by one spouse during marriage, including its fruits if the donor/testator so provides;
Property for personal and exclusive use (with notable exceptions like jewelry often treated as community);
Property acquired before marriage by a spouse who has legitimate descendants by a former marriage, etc.

B. Under CPG (Family Code, Articles 105–133; presumption and composition around Articles 109–116; management in Article 124)

Conjugal property generally includes:

Property acquired during marriage through the spouses’ efforts or work, and
Fruits/income of exclusive properties, among others.

Each spouse’s exclusive property generally includes what they owned before marriage and what they acquire gratuitously during marriage, subject to rules on fruits/income.

C. Presumptions (very important in disputes)

Philippine law strongly presumes that property acquired during the marriage is community (ACP) or conjugal (CPG) unless there is clear proof it is exclusive. This is why buyers often insist on spousal signatures even when the title is only in one spouse’s name.

3) The core rule: disposition or encumbrance needs BOTH spouses’ consent

A. Under ACP: Family Code Article 96

Administration and enjoyment of community property belong to both spouses jointly. As to sale, mortgage, donation, or any encumbrance/disposition of community property:

Written consent of the other spouse is required, or
Authority of the court if the other spouse’s consent cannot be obtained.

If one spouse disposes of or encumbers community property without the other spouse’s written consent or without court authority, the act is void.

B. Under CPG: Family Code Article 124

The rule is essentially the same for conjugal partnership property:

Written consent of both spouses is required for disposition or encumbrance of conjugal property, or
Court authority in proper cases.

Without written spousal consent or court authority, the disposition/encumbrance is void.

C. “Void” is a big deal

A void sale or mortgage is treated as inexistent—it produces no legal effect as a conveyance of the conjugal/community property. It is not the same as “voidable” (which can be cured by ratification in the usual way). Here, the Family Code itself declares the act void when the required consent/court authority is absent.

4) What counts as “without spouse consent”?

A. Consent must be written

Verbal approval, “I knew about it,” or informal messages are usually not what the law contemplates for real property conveyances. In practice, the safest proof is:

The spouse signing the deed (Deed of Absolute Sale / Deed of Donation / Real Estate Mortgage), or
A separate written conformity that is clear and specific.

B. One spouse signing “for” the other requires authority

If only one spouse signs but claims authority to sign for the other, that normally requires a Special Power of Attorney (SPA) that:

Specifically authorizes the sale/mortgage of the particular property (or at least clearly covers it),
Is properly executed (notarized; if executed abroad, properly authenticated under the applicable rules).

C. Forged signature = no consent

If the other spouse’s signature is forged, there is no valid consent, and the transaction is void (and may trigger criminal consequences for falsification, separate from the civil effects).

5) What transactions are covered?

“Disposition or encumbrance” is broad. It commonly includes:

Sale
Donation
Exchange
Mortgage/real estate mortgage
Dacion en pago (property given in payment)
Other arrangements that effectively burden or transfer ownership/real rights.

Leases: ordinary leases can be treated as acts of administration, but long-term or highly burdensome leases may be attacked as effectively an encumbrance/disposition depending on their terms. For real property practice, long leases are often handled conservatively by requiring both spouses’ signatures.

6) The “continuing offer” concept (why some flawed deeds still show up in practice)

The Family Code provisions (Articles 96 and 124) contain an important practical idea: a disposition made without the required consent is void, but the law recognizes that the document can operate—in a limited way—like a continuing offer in favor of the other spouse/court approval.

In plain terms:

The buyer’s “deal” may be treated as an offer that can still be accepted later by:
- The non-signing spouse (through written ratification/consent), or
- The court granting authority in a proper case,
Before the offer is withdrawn and subject to conditions.

Practical takeaway: this does not mean the property already validly transferred. It means there may be a pathway to later validity if the legal requirements are eventually satisfied.

7) Court authority when consent is unavailable or refused

If a spouse:

Unjustifiably refuses to consent, or
Is absent, missing, incapacitated, or otherwise unable to participate,

the other spouse may seek court authority to sell or encumber community/conjugal property. Courts generally look for:

Necessity (e.g., urgent medical expenses, preventing foreclosure, paying serious family obligations), or
Benefit to the family (e.g., buying another family residence, business necessity with clear benefit and safeguards),
Plus protection against dissipation of assets.

Important: Court authority is not automatic. It is meant to be an exception, not a shortcut.

8) Legal effects of an unauthorized sale (no consent, no court authority)

A. Ownership does not validly pass

Because the sale is void as a conveyance of conjugal/community property:

The buyer generally does not acquire ownership (even if a deed exists),
Registration of a void deed generally does not cure the lack of authority/consent.

B. The non-consenting spouse can challenge it

Common remedies include actions to:

Declare the deed void, and
Cancel the resulting title/annotation (or other registrable instruments),
Recover possession if the buyer took possession.

C. Liability and restitution

The buyer may pursue return of the purchase price and damages against the spouse who sold without authority.
The selling spouse may face civil liability for fraud/misrepresentation if the buyer was led to believe consent existed.

D. Prescription and timing (general principles)

Actions to declare a contract void/inexistent generally do not prescribe (Civil Code principle). However, related actions (like reconveyance based on certain theories) can be affected by equitable defenses like laches, and by the factual posture (who is in possession, when the fraud was discovered, etc.). Courts examine these case-by-case.

9) Special rules: the Family Home can require even more consent

Even if a property is exclusive, if it is the family home, the Family Code imposes special protections: disposition/encumbrance typically requires written consent of both spouses, and in some cases the participation/consent of beneficiaries as required by law.

So a spouse who says “It’s in my name, so I can sell it alone” may still be wrong if:

The property is community/conjugal, or
It is the family home, or
There are other legal restrictions (e.g., homestead/patent restrictions, depending on property history).

10) Common real-world scenarios

Scenario 1: Title is in the husband’s name only, but he is married

If the property was acquired during marriage (or falls into ACP), it may still be conjugal/community. A deed signed only by him—without the wife’s written consent—is vulnerable as void.

Scenario 2: The spouse is abroad

Being abroad does not remove the requirement. Solutions:

Spouse signs the deed abroad before the proper notarial/consular process, or
Spouse issues an SPA authorizing the sale.

Scenario 3: Spouses are separated in fact

Mere separation in fact usually does not dissolve the property regime. The consent requirement typically remains unless a court order or a change in regime applies.

Scenario 4: One spouse has died

Upon death, the regime is dissolved and property becomes subject to settlement and liquidation. The surviving spouse generally cannot unilaterally sell specific former conjugal/community assets as if solely owned; interests of heirs and liquidation rules come in.

Scenario 5: Void marriage / cohabitation

If there is no valid marriage, property relations may fall under co-ownership rules (Family Code Articles 147/148 depending on circumstances). In co-ownership, one co-owner generally cannot sell the entire property without the other’s consent (though a co-owner may sell an undivided share subject to limits). This is legally different from ACP/CPG but often confused with “conjugal.”

11) Practical checklist (buyers, banks, and even sellers use this)

A. Determine the property regime and status

Get the marriage certificate and check marriage date.
Check whether there is a marriage settlement (pre-nuptial agreement) and what it provides.

B. Verify whether the property is likely community/conjugal

When was the property acquired?
What funds were used?
Was it inherited/donated (gratuitous title)?
Is it used as the family home?

C. Documentation best practices

For a clean sale of property involving married sellers:

Both spouses sign the deed, or
Provide a valid SPA + clear proof of authority,
Ensure names and civil status are consistent across title, IDs, tax declarations, and civil registry documents.

D. Red flags

One spouse refuses to sign but the other insists “it’s okay.”
“We’ll just fix it later.”
Any sign that the spouse’s signature was substituted or rushed.
Seller misrepresents civil status as “single” despite being married.

12) Key takeaways

Under Philippine law, selling or mortgaging conjugal/community property without the other spouse’s written consent (or court authority) is void under the Family Code (ACP: Art. 96; CPG: Art. 124).
Whether property is “conjugal” depends on the property regime (ACP/CPG/separation) and on whether the property is exclusive or part of the marital property pool.
The law protects the marital property pool and the family: registration and buyer good faith do not reliably cure the lack of spousal consent, making due diligence and proper documentation essential.
The family home has extra protections and can require spousal consent even when ownership claims are “exclusive.”