- Statute
- Civil Code
- Article
- Art. 166
- Topic
- Sale of conjugal real property without the wife's consent (pre-Family Code)
- Status
- In force
- Book
- BOOK I PERSONS
- Title
- TITLE VI PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
- Chapter
- CHAPTER 4 Conjugal Partnership of Gains
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
ARTICLE 166. α105 Unless the wife has been declared a non compos mentis or a spendthrift, or is under civil interdiction or is confined in a leprosarium, the husband cannot alienate or encumber any real property of the conjugal partnership without the wife's consent. If she refuses unreasonably to give her consent, the court may compel her to grant the same.
This article shall not apply to property acquired by the conjugal partnership before the effective date of this Code. (1413a)
Key points
Article 166 is a Civil Code provision on the conjugal partnership that governed dealings before the Family Code took effect on 3 August 1988. It provided that the husband could not alienate or encumber conjugal real property without the wife's consent, unless she was legally incapacitated — declared non compos mentis or a spendthrift, under civil interdiction, or confined in a leprosarium — and that a court could compel consent unreasonably withheld.
The article did not apply to property the conjugal partnership acquired before the Code's effectivity. Because it belongs to the old regime, it is read with the wife's annulment remedy and, for later transactions, with Family Code Article 124 on joint administration and disposition of conjugal property.
Cases applying this article
- Cueno v. Bautista G.R. No. 246445
- Abalos v. Macatangay, Jr. G.R. No. 155043