Spousal Consent Requirements for Selling Conjugal Property in the Philippines –– A Comprehensive Legal Guide ––

This article is written for general information only and does not constitute legal advice. Where actual rights or large sums are involved, consult a Philippine-licensed lawyer.

1. Legal Framework

Source of Law	Key Provisions on Spousal Consent
Family Code of the Philippines (Executive Order No. 209, effective 3 Aug 1988)	Art. 75 & 88 (default property regime); Art. 96 (Absolute Community / ACP); Art. 98 (donations); Art. 124 (Conjugal Partnership of Gains / CPG); Arts. 157-162 (family home)
Civil Code of the Philippines (for marriages before 3 Aug 1988 unless the spouses opted-in to the Family Code)	Arts. 109-133 (CPG), 160-162 (family home)
Special laws & rules	Land Registration Act & PD 1529 (Torrens system), Notarial Rules 2004, Rules of Court (Rule 74 & Rule 96), Anti-Dummy Law (if landholding by foreign spouse)

2. Understanding Philippine Marital Property Regimes

Absolute Community of Property (ACP) – default for marriages celebrated on or after 3 Aug 1988 All properties owned by either spouse at the time of marriage and acquired thereafter become “community property,” save for a few exclusions (Art. 92).
Conjugal Partnership of Gains (CPG) – default for marriages before the Family Code, or when expressly agreed upon by marriage settlement. Each spouse retains ownership of exclusive property (called “paraphernal” or “capital”), but gains and income during the marriage form the partnership.
Separation of Property – only by pre-nuptial agreement or judicial decree (Arts. 134-135); spouses may sell their own property individually.
Other Special Regimes – property relations of Muslim marriages (PD 1083), indigenous peoples under IPRA, and foreign marriages (lex loci celebrationis plus Art. 26 (2) FC).

Practical tip: Check the marriage certificate for an annotation of a pre-nuptial agreement. Absent that, assume the governing regime is ACP (if married from 1988 onward) or CPG (if married earlier).

3. What Counts as “Conjugal” Property for Consent Purposes?

Regime	Property Requiring Consent	Common Exclusions
ACP	All real & personal property of the community	Property acquired by gratuitous title (inheritance, donation) and expressly stated as exclusive, property for personal and exclusive use (except jewelry), property acquired before the marriage and expressly excluded
CPG	Conjugal assets—i.e., those purchased during the marriage with partnership or common funds; fruits/income of exclusive property	Exclusive (capital) property acquired prior to marriage or during marriage by gratuitous title

4. Statutory Consent Rules

Situation	Governing Article	Requirement	Effect If Absent
Sale, mortgage, lease > 1 year, or any “alienation or encumbrance” of community (ACP) property	Art. 96 FC	Written consent of both spouses or court authorization	Void (inexistent) until ratified
Same acts affecting conjugal (CPG) property	Art. 124 FC	Same	Void until ratified
Donation of community or conjugal property	Art. 98 FC	Written consent and consideration of family welfare	Void
Sale or encumbrance of the Family Home	Art. 158 FC	All occupants: written consent of both spouses and majority of beneficiaries of legal age	Void
Borrowing money or entering contracts that may bind community property	Arts. 96 & 124 (last paras.)	Mutual consent; disagreement resolved by court	Transaction cannot proceed or is void

“Written consent” almost always means both spouses sign the Deed of Sale/Mortgage itself. A separate Special Power of Attorney (SPA) signed by the non-appearing spouse and notarised is also acceptable.

5. Court Authority When a Spouse Cannot or Will Not Sign

Grounds: absence, incapacity, refusal without just cause, or disagreement detrimental to the family.
Procedure (Rule 74 or special petition):
1. Verified petition in the proper Regional Trial Court (Family Court).
2. Notice & hearing; the spouse and, in a proper case, children ≥ 18 years are notified.
3. Court grants specific authority if the act “will redound to the benefit of the family.”
The order substitutes for spousal consent and must be annotated on the deed and registered.

6. Jurisprudence Corner

Case	G.R. No. / Date	Doctrinal Holding
Abalos v. Heirs of Gomez & Quintos	158989 / 16 Jun 2009	Sale of conjugal property signed only by the husband void ab initio; buyer in good faith has no protection.
Spouses Lubrico v. Go	183035 / 30 Jun 2011	Registration of a void sale cannot cure the defect; land must be reconveyed to the conjugal partnership.
Spouses Cabantog v. Spouses Laperal	186289 / 01 Aug 2012	Subsequent ratification by non-consenting spouse validates the sale but only from the date of ratification, not retroactively.
Tayag v. Lantar	166099 / 07 Jun 2011	When both spouses signed a deed but one later claims lack of authority, estoppel applies; buyer protected.
Spouses Uy v. Court of Appeals	159590 / 27 Jun 2012	Husband’s unilateral mortgage of conjugal home void; foreclosure set aside despite bank’s claim of good faith.

Key takeaway: Registration does not legalize a void deed. A buyer must always verify—not just rely on the title—that both spouses (or authorized agent) signed.

7. Void, Voidable, or Unenforceable?

Articles 96 & 124 use the term void, and the Supreme Court now consistently treats the defect as a case of void or inexistent contracts (they “produce no effect whatsoever”).
Nevertheless, ratification by the non-consenting spouse (e.g., later signing an Affidavit of Ratification or accepting the price) converts the sale into a valid one prospectively.
An action to declare void contracts does not prescribe (Art. 1390 FC), but actions for reconveyance may prescribe after 4 years from discovery if the property has passed to an innocent purchaser for value (Art. 1391).

Practical tip for buyers: Always obtain (1) a marriage certificate, (2) a certified true copy of the title showing both names, and (3) either both spouses’ signatures or an SPA plus IDs. If a spouse is abroad, the SPA must be consularized or apostilled.

8. Effect on Third Parties and Good-Faith Buyers

Torrens doctrine is not an absolute shield. A buyer dealing with only one spouse is not in good faith if the title itself names both.
Innocent mortgagees (e.g., banks) are charged with due diligence; failure to require spousal consent makes the mortgage void and subject to cancellation.
Double Sales (Art. 1544 Civil Code): The buyer who first registers and has valid title prevails—but a void deed can never ripen into valid registration.

9. Special Situations & Exceptions

Situation	Is Consent Needed?	Notes
Necessaries for the family (Art. 117 FC)	No– implied authority of either spouse to bind community property for “necessaries” (food, medical, school fees).	Debt incurred beyond necessaries, however, requires consent.
Lease not exceeding 1 year of community property	No consent if act of administration only; but to avoid dispute, prudent to obtain signature.
Judicial foreclosure of a tax delinquency	Not an “alienation” by the spouse; consent not relevant, but failure to pay taxes may be negligence actionable vs. the administrator spouse.
Judicial separation of property decreed	Each spouse administers and may convey his/her exclusive property without spousal consent.
Property under receivership or guardianship	Court order substitutes for consent.
Foreign spouse cannot own land	A Filipino spouse’s act of selling conjugal land to a foreign spouse or allowing foreign spouse to sign may breach the Anti-Dummy Law, void and even criminal.

10. Documentary Checklist for a Valid Conveyance

Deed of Sale / Mortgage / Lease with both spouses’ signatures.
Special Power of Attorney (if one spouse absent), properly notarized and apostilled/consularized if executed abroad.
Marriage Certificate issued by PSA (Philippine Statistics Authority).
IDs of both spouses.
Court Order (if consent supplied by judicial authority).
Affidavit of Good Faith (for Real Estate Mortgage).
BIR Forms (Capital Gains Tax, DST) & Transfer/Registration documents for the Registry of Deeds.

11. How to Cure a Past Sale Without Spousal Consent

Option	Effect	Practical Hurdles
Ratification – non-signing spouse executes a Deed of Ratification or Confirmatory Deed of Sale	Cures the void deed prospectively	Possible tax and registration penalties; must re-compute transfer taxes
Annul & Resell – execute a Deed of Cancellation, then a new Deed with both spouses	Creates a clean chain of title	Requires buyer’s agreement & fresh taxes; careful drafting
Judicial Action – petition to declare deed void; court can order reconveyance	Clears title if buyer refuses	Time-consuming and costly

12. Frequently Asked Questions (FAQ)

Does signing the Deed of Absolute Sale (DAS) suffice, or must both names appear on the title? The Register of Deeds will only issue a new title if the DAS clearly shows both owners either as vendors or consenting spouses, and taxes are paid.
My spouse refuses to sign. Can I force him/her? File a petition under Arts. 96 / 124 for court authority. The court will decide if the sale benefits the family.
What if the property is in my name alone but acquired during the marriage? Under ACP, the property is still community and needs spousal consent. Name on the title is not conclusive of ownership vis-à-vis the property regime.
Does the 10-year prescription for actions to recover real property apply? No. A void sale produces no effect and an action to declare void contracts is imprescriptible, although laches may bar relief in equity.
I bought from only one spouse in 2010, then both have since died. Am I safe? No. The heirs may still sue for reconveyance. Secure a quitclaim or extra-judicial settlement with all heirs, or refund the price and rescind.

13. Practical Pointers for Lawyers, Brokers, and Buyers

Due diligence goes beyond the title—always ask for the marital status of the seller and check PSA records.
Always notarize spousal consent or SPA; an unnotarized consent letter will not be accepted for registration.
Include a “Spousal Consent” paragraph in the deed, even if both spouses already sign, to remove doubt.
For OFW spouses, have the SPA apostilled (after the 2019 Hague Convention) or consularized.
Explain the consequence of non-consent to the buyer in writing; an informed buyer is more likely to cooperate if ratification is needed later.
Keep originals of all consents and SPAs; photocopies are often rejected by the Registry.

14. Sample Spousal Consent Clause

“I, [Name of Spouse-Seller], married to [Name of Consenting Spouse], with residence at _______, for and in consideration of the foregoing, and pursuant to Article 96 [or Article 124] of the Family Code, do hereby give my full and unconditional consent to this Deed of Sale and the transfer of the above-described property in favor of the Buyer.”

(Signature over printed name) (Notarization)

15. Conclusion

The golden rule under Philippine law is simple: both spouses must agree in writing—or the court must stand in for one of them—before any sale, mortgage, or long-term lease of conjugal or community property. Failure to observe this rule renders the transaction void, exposing buyers, lenders, and even brokers to prolonged litigation and financial losses.

Because the consequences are harsh and may last indefinitely, every person dealing with Philippine land or valuable personal property held by a married individual should treat spousal consent as indispensable, not an after-thought.

Need professional help? Bring copies of your titles, marriage certificate, and draft deed to a Philippine-qualified lawyer before signing anything.