Text of the provision
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.
(160)
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
A one-sentence rule with enormous practical weight: property acquired during the marriage is presumed to belong to the community. The burden is on whoever claims a thing is separate to prove it falls within an Article 92 exclusion. Mere registration of a title in one spouse's name does not, by itself, rebut the presumption.
This is the default that decides most property disputes in an absolute-community marriage: absent clear proof of exclusion, it is shared.
Questions about this provision
Related provisions
- Article 91 — what the community consists of.
- Article 92 — the exclusions a claimant must prove to overcome this presumption.
Cases citing this article
- Edgardo Santos, et al. vs. Maria D. Santos and/or her Successors-in-interest, G.R. No. 250774, June 16, 2021 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.