Quick answer

Under the Family Code, the administration and enjoyment of the community property (in absolute community) or the conjugal partnership property belong to both spouses jointly, and neither spouse may, alone, dispose of or encumber community or conjugal property without the consent of the other. The consequence of ignoring this is severe: any disposition or encumbrance of community or conjugal property by one spouse without the written consent of the other, or without authority of the court, is void. This is a significant change from the old Civil Code regime, under which a sale by the husband of conjugal property without the wife's consent was merely voidable (annullable at the wife's instance within a period), not void. Under the Family Code, however, the transaction is void, though the law also provides that such a disposition without consent is construed as a continuing offer on the part of the consenting spouse and the third person, which 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as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. In practical terms, a buyer who purchases community or conjugal real property from only one spouse, without the other's written consent, acquires nothing (a void sale conveys no title), which is why buyers must always require the signatures or written consent of both spouses (or proof that the property is the exclusive property of the selling spouse). For the separation-of-property regime or the exclusive property of a spouse, the owning spouse may generally dispose of it alone. So one spouse cannot validly sell or mortgage community or conjugal property without the other's written consent, and a sale done without it is void, protecting the non-consenting spouse.

Joint Consent Is Required

Under the Family Code, community/conjugal property is administered jointly, and neither spouse may alone dispose of or encumber it without the other's written consent (or court authority).

The Sale Is Void

A disposition of community/conjugal property by one spouse without the other's written consent (or court authority) is VOID. This changed the old Civil Code rule, where such a sale was merely voidable.

The Continuing-Offer Rule

The law treats the disposition without consent as a continuing offer that becomes binding upon the other spouse's acceptance or court authorization before it is withdrawn. A buyer from only one spouse acquires nothing — always require both signatures.

Practical Takeaways

Frequently Asked Questions

Can one spouse sell conjugal property without the other's consent? No. Under the Family Code, neither spouse may alone dispose of or encumber community or conjugal property without the written consent of the other or the authority of the court.

Is a sale without spousal consent void or just voidable? Void, under the Family Code. This changed the old Civil Code rule, under which a sale of conjugal property by the husband without the wife's consent was merely voidable at her instance.

What is the continuing-offer rule? The disposition without consent is construed as a continuing offer that may become a binding contract upon acceptance by the other spouse or authorization by the court before the offer is withdrawn.

What should a buyer of conjugal property require? The written consent or signatures of both spouses, or proof that the property is the exclusive property of the selling spouse, because a sale by one spouse alone of community or conjugal property is void.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.