Text of the provision
Art. 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)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
Each spouse fully controls their own exclusive property under the conjugal partnership of gains — they keep its ownership, possession, administration and enjoyment. The other spouse has no say over it.
A spouse may, if they wish, hand the administration of their exclusive property to the other, but only formally: by a public instrument that is recorded in the registry of property where the property sits. Transferring administration does not transfer ownership; it is a revocable management arrangement, made visible on the public record so third parties know who may deal with the property.
Related provisions
- Article 109 — what counts as exclusive property in the first place.
- Article 96 — by contrast, the joint administration of common property.
Cases interpreting this article
- Authorities on Article 110 will be added here as each is verified against primary sources.