In Philippine family law, the management and alienation of property during marriage often depend on the applicable property regime. However, the concept of paraphernal property—property brought into the marriage by the wife as her own—enjoys a unique status, particularly concerning the necessity (or lack thereof) of the husband's consent for its sale.
1. Defining Paraphernal Property
The term "paraphernal" refers specifically to property over which the wife retains individual ownership. Under the Civil Code of the Philippines, this includes:
- Property brought to the marriage as her own.
- Property acquired during the marriage by lucrative title (inheritance or donation).
- Property acquired by right of redemption or by exchange with other property belonging to her.
- Property purchased with her exclusive money.
Note: Under the Family Code (1987), which governs marriages celebrated after August 3, 1988, the equivalent term is "exclusive property" under the regime of Absolute Community of Property or Conjugal Partnership of Gains.
2. The Rule on Spousal Consent
The general rule is that a married woman may mortgage, encumber, alienate, or otherwise dispose of her paraphernal property without the permission or consent of her husband.
Legal Basis
This right is anchored in Article 140 of the Civil Code, which explicitly states: "A married woman of age may mortgage, encumber, alienate or otherwise dispose of her paraphernal property, and appear in court to litigate with regard to the same, without the need of the husband's consent."
Furthermore, Republic Act No. 7192 (Women in Development and Nation Building Act) reinforced this by granting married women the same capacity as men to act and enter into contracts, ensuring that their right to manage their own property is protected from marital interference.
3. Impact of the Property Regime
The ability to sell without consent depends heavily on when the marriage was celebrated and what regime governs it.
Conjugal Partnership of Gains (CPG)
If the marriage is under CPG (the default for marriages before August 3, 1988), the fruits (income, rent, or interest) of the paraphernal property belong to the conjugal partnership. However, the ownership remains with the wife. She can sell the "corpus" or the property itself without the husband, but the husband may have a claim to the income derived from that sale if it is considered "fruits."
Absolute Community of Property (ACP)
For marriages after August 3, 1988, the default is ACP. In this regime, almost all property brought into the marriage becomes "community property." To sell such property, both spouses must consent.
However, property acquired by gratuitous title (inheritance/gift) during the marriage remains exclusive property. In this case, the wife may sell it without the husband's consent, provided it was not expressly designated by the donor to form part of the community property.
4. Key Exceptions and Limitations
While the wife has the right to sell, certain conditions may complicate the transaction:
- The Family Home: If the paraphernal property has been constituted as the Family Home, the law requires the written consent of the husband, the beneficiaries, and the wife, regardless of who owns the land.
- Administration Charges: If the husband was legally entrusted with the administration of the paraphernal property, the wife may need to revoke that administration formally before a sale to avoid contractual conflicts with third parties.
- Documentation: Many Registry of Deeds or cautious buyers still look for the "marital consent" signature (often appearing as "With my marital consent") to avoid future litigation regarding the characterization of the property. While not legally required for truly paraphernal assets, it is a common practice for "titular integrity."
5. Summary Table: Property Ownership vs. Consent
| Property Type | Source | Consent Required? |
|---|---|---|
| Paraphernal (Civil Code) | Brought to marriage or inherited | No |
| Exclusive (Family Code) | Inherited/Gifted during marriage | No |
| Conjugal/Community | Earned/Acquired during marriage | Yes |
| Family Home | Constituted as primary residence | Yes |
6. Judicial Recourse
If a husband unjustly prevents a wife from disposing of her paraphernal property, or if a buyer refuses to proceed without the husband's signature, the wife may file a petition in court to clarify the exclusive nature of the property. Conversely, if a wife sells property that is actually conjugal (claiming it is paraphernal), the husband may file for the annulment of the sale within the prescriptive period allowed by law.