What Happens To Real Estate Properties In Tagum City, Before, During, And After Marriage

Dating couples do not usually talk about things concerning their properties in Tagum City, Davao. They are so in love with each other that what each of them owns does not matter a single thing at all. This may not still be a problem especially when they are not yet thinking of getting married and make a bond with each other forever.

However, when they get engaged and have plans of taking marriage vows, it maybe time that they start talking about their possessions. Why is that? It is because in Philippine law, there is a so-called System of Absolute Community. This so-called system states all about what happens to properties such as real estate properties in Tagum City, Davao, jewelries, money and the like, before, during, and after the marriage.

First, what is the system of absolute community? This particular system is the default system for property rights in the case that there are no agreements made between the couple with regards to their properties prior to their wedding. In this kind of property regime, according to Article 90 of the Family Code of the Philippines, married couples, the husband and the wife, will become co-owners of whatever property that both of them acquired or may acquire before and during the rites of their marriage. In other words, any possession that either of them owns before and during the time of marriage, including real estate properties in Tagum City, Davao, money, shares, and the like, will automatically become the possession of both individuals. Properties inherited by parents even before the marriage takes place is not an exemption.

There are only three kinds of properties which can be exempted from the absolute community regime.

• donated or inherited properties from his/her parents after the marriage.
• properties acquired during the prior marriage where he/she has legitimate children.
• personal belongings such as clothes, shoes and the like, but with the exemptions of jewelries.

It is very important that couples understand the law about the property rights before, during, and after the marriage. Even if the married couples decide to make an agreement regarding their possessions but this happens after the marriage has occurred, the agreement will still remain invalid and the absolute community prevails. Moreover, couples living separately but not legally separated still follows the absolute property system.