29/06/2026
To officially launch my online page, let me share the difference of property relations of muslim spouses married under the PD 1083 and the Family Code:
Here is a quick-glance guide on how these two laws treat spousal property relations:
1. Default Property Regimes
Family Code: The default regime is Absolute Community of Property (ACP). Unless spouses have a pre-nuptial agreement, all properties they owned before the marriage and those acquired during the marriage are pooled into a single community property that is co-owned equally.
P.D. 1083: The default regime is Complete Separation of Property. Spouses retain separate ownership, management, and disposition of their respective estates, even after marriage.
2. Ownership and Administration
Family Code: The administration and enjoyment of the community property belong to both spouses jointly. In case of disagreement, the husband's decision prevails, but the wife can go to court for proper relief.
P.D. 1083: Each spouse retains exclusive control and ownership over their own estate. A husband or wife can independently dispose of or manage their own assets without the consent or interference of the other.
3. Properties Acquired During Marriage
Family Code: Generally, any property bought on credit or earned through the work/industry of either spouse during the marriage belongs to the community or conjugal partnership.
P.D. 1083: When spouses jointly invest, profits are divided according to their agreement or proportionate to their capital contribution. Anything that does not have lawful value (like illegal gains) is prohibited as dower (mahr).
Personal Note: So what does this mean? if you are married under Muslim Law, the default governing relations involving your properties is COMPLETE SEPARATION OF PROPERTIES and not Conjugal relations.
Please follow this page and PM for free consultation.
Subscribe to see my next post.
Next topic: Marriage between muslim and non-muslim
