Do both spouses need to agree before conjugal partnership property can be sold?

Administering is not the same as selling

Article 124 begins by giving the administration and enjoyment of the conjugal partnership to both spouses jointly, and then draws the line that matters. Even a spouse who has lawfully assumed sole administration — because the other is incapacitated or unable to participate — holds powers that do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. So managing the property, collecting its rents and keeping it in repair is one thing; selling it, mortgaging it or giving it as security is another, and the second always needs consent or a court.

Written consent, not acquiescence

The article says written consent, and that word is doing work. A spouse who knew about the sale, was present at the signing, or accepted part of the price has not thereby given written consent, and the absence of it is what the provision attaches the sanction to. In the absence of such authority or consent, the disposition or encumbrance shall be void. Void is the strongest word available — not merely voidable at the injured spouse's option, and not cured by the buyer's good faith or by the years that pass before anyone complains. The provision is protecting the partnership itself, which is why private arrangements between the spouses cannot supply what it demands.

The continuing-offer escape hatch

The article does not leave the buyer with nothing. The void transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. So a sale signed by one spouse alone can still become good if the other later accepts it, or a court authorises it — but only while the offer stands. Either offeror can withdraw it, and withdrawal closes the door.

What to do on either side of the deal

If you are buying, ask for the marriage certificate and the written consent of the seller's spouse before any money moves, and check whether the property was acquired during the marriage, because the presumption of conjugality does not care whose name is on the title. If you are the spouse who did not sign, act on the dates: when the deed was executed, when it was registered, and when you learned of it. Get certified copies from the registry rather than the family's papers, and take them for advice promptly.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

• Belinda Alexander vs. Spouses Jorge and Hilaria Escalona and Reygan Escalona, G.R. No. 256141, July 19, 2022 — read the decision on LawPhil →
• Sps. Rex and Concepcion Aggabao vs. Dionisio Z. Parulan, Jr. and Ma. Elena Parulan, G.R. No. 165803, September 1, 2010 — read the decision on LawPhil →
• Homeowners Savings & Loan Bank vs. Miguela C. Dailo, G.R. No. 153802, March 11, 2005 — read the decision on LawPhil →
• Jose and Glenda Uy, et al vs. Court of Appeals, et al, G.R. No. 109557, November 29, 2000 — read the decision on LawPhil →

Related provisions

• Family Code, Article 124 — Joint Administration; Disposition Requires Consent