Section 2:

Exclusive Property of Each Spouse

(The Family Code of the Philippines)

Article 109

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.  (148a)
Article 110

The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties.

Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located.  (137a, 168a, 169a)

Article 111

A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same.  (n)

Article 112

The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse.  (n)

Article 113

Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the donee-spouses as his or her own exclusive property, and in the absence of designation, share and share alike, without prejudice to the right of accretion when proper.  (150a)

Article 114

If the donations are onerous, the amount of the charges shall be borne by the exclusive property of the donee spouse, whenever they have been advanced by the conjugal partnership of gains.  (151a)

Article 115

Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case.  (n)