Published — June 1, 2022
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 your own lawyer to address your legal concerns, if 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.
You may also read, COMPLETE SEPARATION OF PROPERTY DURING MARRIAGE
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Generally, the husband and wife cannot donate to one another during the marriage.
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Spouses are allowed to give moderate gifts to each other on the occasion of any family rejoicing.
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Donations made by common law relations of persons living together as husband and wife without a valid marriage.
It has become normal for spouses to give each other gifts during the existence of their marriage. These gifts take the form of donation which under the Civil Code, is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. However, is the giving of gifts between spouses during the existence of their marriage allowed under the law?
According to the Family Code:
Article 87. 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.
Thus, generally, the husband and wife cannot donate to one another during the marriage. This includes direct or indirect giving of gifts. The reason is founded on public policy. This is to prevent the weaker spouse from being influenced by the stronger one. The law also seeks to protect the creditors, as they would be defrauded if the law would allow them to donate to one another. However, the spouses, are allowed to give moderate gifts to one another during family rejoicings, such as birthdays, anniversaries, Christmas, and the like.
Common Law Relationship
Prohibition against donation given by the spouses to each other also applies to common law relationship. Common law relationship refers to persons living together as husband and wife without a valid marriage. The reasons for the law are to prevent the possibility that one spouse may influence the other and that if in a common-law relationship, they are allowed to donate to one another during the partnership, then, they would be placed in a better position than the spouses living in a legal union.
In summary, donations made by married couples or common law partners to each other during the existence of their marriage or partnership are void. However, giving moderate gifts on the occasion of any family rejoicing is allowed.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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