Property inherited during the marriage is excluded from the absolute community of property

Dear PAO,

Pam and I got married in 2022. We do not have any pre-nuptial agreement regarding our properties. Unfortunately, my mother died in August 2023, and my father died in January 2024. My siblings and I inherited several parcels of land from our parents, which we divided equally since our parents did not leave a last will and testament. I want to purchase a car and need cash to pay the down payment. I plan to sell one of the properties I inherited, but my wife does not agree. Can I sell my inherited land without the consent of my wife?

Gio

Dear Gio,

You may sell the property you inherited from your parents without the consent of your wife.

Article 1 of the Family Code of the Philippines gives the future husband and wife the right to decide on the property regime that they want to govern their property relations within the bounds of the law. However, for marriages contracted during the effectivity of the Family Code of the Philippines, it is provided by law that, in the absence of an agreement by the spouses, the default property regime would be an absolute community of property, to quote: «ARTICLE 75. The future spouse may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlements, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern.»

Thus, the property regime governing your marriage is an absolute community of property. Relative thereto, Article 91 of the Family Code provides that: «ARTICLE 91. Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter.»

However, there are several properties that are excluded from the absolute community of property. The list is enumerated in Article 92 of the Family Code: «ARTICLE 92. The following shall be excluded from the community property: 1. Property acquired during the marriage by gratuitous title by either spouse, and the fruits as