Text of the provision
Art. 111. A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same.
(n)
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
Under the conjugal partnership of gains, each spouse has full command of their own exclusive property. A spouse who is of age may sell it, mortgage it, encumber it, or otherwise dispose of it without asking the other spouse, and may go to court alone to sue or defend anything concerning it.
This is the counterpart of Article 110: because exclusive property stays wholly with its owner, the consent rules that protect common property simply do not apply to it.
Related provisions
- Article 110 — ownership and administration of exclusive property.
- Article 116 — the presumption that property acquired during the marriage is conjugal.
Cases interpreting this article
- Authorities on Article 111 will be added here as each is verified against primary sources.