Section 6Sec./Art. 6

Property Relations Between Spouses

Article 37. How governed. The property relations between husband and wife shall be governed in the following order:

(a) By contract before or at the time of the celebration of marriage;

(b) By the provisions of this Code; and

(c) By custom.

Article 38. Regime of property relations. The property relations between the spouses, in the absence of any stipulation to the contrary in the marriage settlements or any other contract, shall be governed by the regime of complete separation of property in accordance with this Code and, in a suppletory manner, by the general principles of Islamic law and the Civil Code of the Philippines.

Article 39. Stipulation in the marriage settlements. Every stipulation in the marriage settlements or contract referred to in the preceding article shall be void and without effect whatsoever, should the marriage no take place. However, stipulations that do not depend upon the contract of marriage shall be valid.

Article 40. Ante-nuptial property. The wife shall not lose ownership and administration of all properties brought by her to the marriage in the absence of any written agreement to the contrary, and she may dispose of the same by deed or otherwise even without the consent of her husband.

Article 41. Exclusive property of each spouse. The following shall be the exclusive property of either spouse:

(a) Properties brought to the marriage by the husband or the wife;

(b) All income derived by either spouse from any employment, occupation or trade;

(c) Any money or property acquired by either spouse during marriage by lucrative title;

(d) The dower (mahr) of the wife and nuptial gifts to each spouse;

(e) Properties acquired by right of redemption, purchase or exchange of the exclusive property of either; and

(f) All fruits of properties in the foregoing paragraphs.

Article 42. Ownership and administration. Each spouse shall own, possess, administer, enjoy and dispose of his or her own exclusive estate even without the consent of the other. However, the court may, upon petition of either spouse, grant to the other the administration of such property.

Article 43. Household property. Household property which customarily pertains to or is used by either spouse shall be prima facie presumed to be the property of said spouse.

Article 44. Right to sue and be sued. The wife may, independently of the husband, sue or be sued in the following cases:

(a) When the litigation is between husband and wife;

(b) If the suit concerns her exclusive property;

(c) If the litigation is incidental to her profession, occupation or business;

(d) If the litigation concerns the exclusive property of the husband, the administration of which has been transferred to her; or

(e) Such other appropriate cases as may be followed by the general principles of Islamic law and other laws.

Chapter Three

DIVORCE (TALAQ)