Photo from Pexels | Western Sydney Wedding Photo and Video
This article was originally published on June 1, 2022 and has been updated to reflect recent legal developments.
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
A donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. (Sps. Eduarte v. The Honorable Court of Appeals, G.R. No. 105944, February 9, 1996)
Article 82 of the Family Code provides that donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. These donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code, insofar as they are not modified by the following articles
If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void. Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. (Article 84)
Donation by reason of marriage of property subject to encumbrances shall be valid. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured, the donee shall not be liable for the deficiency. If the property is sold for more than the total amount of said obligation, the donee shall be entitled to the excess. (Article 85)
A donation by reason of marriage may be revoked by the donor in the following cases:
- If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81;
- When the marriage takes place without the consent of the parents or guardian, as required by law;
- When the marriage is annulled, and the donee acted in bad faith;
- Upon legal separation, the donee being the guilty spouse;
- If it is with a resolutory condition and the condition is complied with;
- When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general. (Article 86)
Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together as husband and wife without a valid marriage. (Article 87)
Related Articles:
- What Is Ante- Nuptial Agreement?
- Without Ante- Nuptial Agreement, What Property Regime Will Govern the Assets of Future Spouses?
Click here to subscribe to our newsletter
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
All rights reserved.
good morning attorney sample po ng deeds of donation by a married donor
good morning attorney ask ko kung paano ang format ng deeds of donation if iyong nagdodonate po ang nakalagay po s land tittle ay married to