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Are Donated Properties Part Of Community Property?

Executing any marriage settlement is not common among married couples unless the situation really calls for it. This is why issues involving properties create conflict as far as the law on property relations is concerned. The problem arises once the couple is annulled. Case in point: The spouse of Mr. X was given a parcel of land by his employer with a Certificate of Title issued in his name. The wife was surprised to discover that the donated property is excluded from their community properties. This means that the donated property is not considered to be part of the conjugal properties. Should the donated property be divided equally? 

The law on property relations states that: 

Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern.

Art. 92. 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)

Art. 93. Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom. 

The property was donated to Mr.X during marriage, but it remains to be his exclusive property because the title was issued only in his name. It is not deemed to be part of the community property. This is why it is excluded from the community property.