- Statute
- Philippine Family Code
- Article
- Art. 92
- Topic
- Property excluded from the absolute community
- Status
- In force
- Year
- 1987
The provision
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 well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property; (2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property; (3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. (201a)
Intellegal Wiki · In plain terms
Lists property kept out of the couple's absolute community, so it stays the owning spouse's separate property: things received during the marriage by gift or inheritance (plus their fruits, unless the giver directs otherwise), items for a spouse's personal and exclusive use, and property owned before the marriage by a spouse who has legitimate children from a prior marriage, with that property's fruits. Jewelry, however, counts as community property.
An editorially maintained plain-language explanation of this provision — not legal advice.