The law treats two kinds of marriage-related gifts differently. Donations between spouses during the marriage are generally prohibited and void, except moderate gifts on occasions of family rejoicing — this rule prevents undue influence and protects creditors and compulsory heirs. The prohibition also applies to persons living together as husband and wife without a valid marriage. Donations propter nuptias, on the other hand, are donations made before the marriage, in consideration of it, and in favor of one or both future spouses. These are generally valid and governed by the rules on donations, but they may be revoked in specific cases — for example, if the marriage does not take place, or is annulled and the donee acted in bad faith. A donation propter nuptias of present property exceeding a limit is subject to the rules reducing inofficious donations.
Can a husband give his wife a house during their marriage? Generally no. But a gift made before the wedding, because of the marriage, follows a different rule.
Donations Between Spouses (During Marriage): Void
The law prohibits donations between spouses during the marriage — such gifts are generally void. The only exception is moderate gifts given on occasions of family rejoicing (like birthdays or anniversaries).
Why the Prohibition
The rule exists to:
- Prevent one spouse from exerting undue influence over the other;
- Protect creditors from being defrauded by transfers between spouses; and
- Protect the legitime of compulsory heirs.
Importantly, the prohibition also applies to a man and woman living together as husband and wife without a valid marriage — they cannot circumvent the rule by not marrying.
Donations Propter Nuptias: Generally Valid
Donations propter nuptias (by reason of marriage) are different. These are donations that are:
- Made before the celebration of the marriage;
- In consideration of the marriage; and
- In favor of one or both future spouses.
They are generally valid and governed by the ordinary rules on donations, subject to some special rules.
When a Donation Propter Nuptias Can Be Revoked
Such a donation may be revoked in specific cases, including where:
- The marriage is not celebrated or is judicially declared void (with exceptions);
- The marriage takes place without the consent of the parents/guardian, when required;
- The marriage is annulled and the donee acted in bad faith; or
- Other grounds the law provides (such as ingratitude).
A donation of present property exceeding the allowed limit may be reduced under the rules on inofficious donations.
Practical Takeaways
- Gifts between spouses during marriage are generally void (except moderate occasion gifts) — and this also binds unmarried cohabiting couples;
- Donations propter nuptias (before and because of the marriage) are generally valid;
- Such donations can be revoked in specific cases, like the marriage not happening or being annulled with a bad-faith donee.
Frequently Asked Questions
Can spouses give each other gifts during the marriage? Generally no. Donations between spouses during the marriage are prohibited and void, except moderate gifts on occasions of family rejoicing, to prevent undue influence and protect creditors and heirs.
Does the prohibition apply to unmarried couples? Yes. The prohibition on donations between spouses also applies to a man and woman living together as husband and wife without a valid marriage, so they cannot circumvent it.
What is a donation propter nuptias? A donation made before the marriage, in consideration of it, and in favor of one or both future spouses. These are generally valid and governed by the rules on donations.
Can a donation by reason of marriage be revoked? Yes, in specific cases, such as when the marriage does not take place, is declared void, takes place without required parental consent, or is annulled and the donee acted in bad faith.
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.