14/08/2026
๐๐๐ง ๐จ๐ง๐ ๐ฌ๐ฉ๐จ๐ฎ๐ฌ๐ ๐ฌ๐๐๐ซ๐๐ญ๐ฅ๐ฒ ๐ฌ๐๐ฅ๐ฅ ๐๐จ๐ง๐ฃ๐ฎ๐ ๐๐ฅ ๐ฉ๐ซ๐จ๐ฉ๐๐ซ๐ญ๐ฒ?
๐๐๐ง๐๐ซ๐๐ฅ๐ฅ๐ฒ, ๐ง๐จ.
One spouse cannot validly sell or encumber conjugal property without the other spouseโs written consent or court authority.
Article 124 of the Family Code of the Philippines (1987) provides that administration and enjoyment of conjugal partnership property belong to both spouses jointly. A disposition or encumbrance made without the other spouseโs written consent or court authority is void. The same rule applies to absolute-community property under Article 96.
Mere secrecy is not the controlling issue. The decisive question is whether the non-selling spouse gave clear written consent or whether the seller obtained the required court authority.
Even if the other spouse knew about the negotiations or was aware that the transaction was taking place, that knowledge is not the same as written consent. The Supreme Court held that the law requires written consent; mere awareness or participation in negotiations does not satisfy the requirement.
๐๐๐ ๐๐ฅ ๐๐๐๐๐๐ญ ๐จ๐ ๐ญ๐ก๐ ๐ฌ๐๐ฅ๐
The sale is generally void, not merely voidable, when:
the property is part of the conjugal partnership;
the transaction was made during the effectivity of the Family Code; and
the selling spouse acted without the other spouseโs written consent or court authority.
This applies regardless of whether the title is registered only in the selling spouseโs name. Property acquired during the marriage is generally presumed conjugal unless the contrary is proved.
For property under the absolute community regime, the same principle applies. The Supreme Court held that a sale of community property by one spouse without the other spouseโs written consent is void in its entirety, regardless of whose name appears on the title or who contributed to the acquisition.
Important qualification: continuing offer
The transaction is not necessarily incapable of becoming valid under all circumstances. Article 124 treats the unauthorized transaction as a continuing offer by the consenting spouse and the third person. It may become a binding contract if:
the non-consenting spouse later accepts it in the required manner;
or
the court authorizes it,
provided this occurs before the offer is withdrawn.
