Art. 110. Ownership, possession, administration, and enjoyment of the spouses exclusive properties.
Article 110. The spouses retain the ownership, possession, administration, and enjoyment of their exclusive properties.
Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located. (137a, 168a, 169a)
Exclusive properties are those mentioned in Article 109 of the Family Code. The following shall be the exclusive property of each spouse: (1) That which is brought to the marriage as his or her own; (2) That which each acquires during the marriage by gratuitous title; (3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and (4) That which is purchased with exclusive money of the wife or of the husband.
As the owner of his or her exclusive property, a spouse of age may mortgage, encumber, alienate, dispose of his or her exclusive property without obtaining the consent of the other. But the owner-spouse may transfer the administration of his or her exclusive properties to that of the other spouse in a public instrument.
Administration shall include entering into contracts, engaging in litigation, the collection of fruits, profits, and income arising from the property.
The owner spouse may, during the marriage, transfer the administration of his or her property to the spouse provided that the proper recording in the civil registry is made.
Even there is a transfer of administration, the owner spouse may still donate, encumber or alienate the property. He or she may also transfer administration to a stranger even without the consent of the other spouse.
Case: Naguit vs. Court of Appeals
Facts: The exclusive property of the wife was sold upon execution by the sheriff for the satisfaction of a particular decision finding her husband liable for a personal obligation.
Issue: May the wife file a separate action to annul the sale?
Ruling: The wife whose exclusive property was wrongfully levied upon can be considered a third person and is deemed a 'stranger to the action wherein the writ of execution was issued and is therefore justified in bringing an independent action to vindicate her right of ownership over the subject property.
As the owner of his or her exclusive property, a spouse of age may mortgage, encumber, alienate, dispose of his or her exclusive property without obtaining the consent of the other. But the owner-spouse may transfer the administration of his or her exclusive properties to that of the other spouse in a public instrument.
Administration shall include entering into contracts, engaging in litigation, the collection of fruits, profits, and income arising from the property.
The owner spouse may, during the marriage, transfer the administration of his or her property to the spouse provided that the proper recording in the civil registry is made.
Even there is a transfer of administration, the owner spouse may still donate, encumber or alienate the property. He or she may also transfer administration to a stranger even without the consent of the other spouse.
Case: Naguit vs. Court of Appeals
Facts: The exclusive property of the wife was sold upon execution by the sheriff for the satisfaction of a particular decision finding her husband liable for a personal obligation.
Issue: May the wife file a separate action to annul the sale?
Ruling: The wife whose exclusive property was wrongfully levied upon can be considered a third person and is deemed a 'stranger to the action wherein the writ of execution was issued and is therefore justified in bringing an independent action to vindicate her right of ownership over the subject property.
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