Text of the provision

Art. 97. Either spouse may dispose by will of his or her interest in the community property.

(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. The notation (n) indicates a new provision with no direct Civil Code antecedent.

What this article means

A short but important rule. While neither spouse can sell or donate community property alone (Article 96, 98), each may dispose of their own interest by will. You cannot give away the shared property during your life without consent, but you can decide who inherits your share of it when you die.

The "interest" is exactly that — the spouse's own portion, which is determined only after the community is dissolved and liquidated at death. A spouse cannot will away the whole property or the other spouse's half; only their own share, and always subject to the legitimes of compulsory heirs.

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.