Is It Valid for the Husband to Donate to his Wife During the Marriage?



This post will explain the validity of the donation of spouse to his/her wife/husband during the marriage.  It will also provide the instances on which any donation may be perfectly legal.
 
What are donations by reason of marriage?

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.  Meaning only those donations that are made prior to the celebration of the marriage are being considered in this definition.

May the husband donate to his wife during the marriage? Or may the wife donate to her husband during the marriage?

No.  Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void.

What is the exception to the prohibition of donation between spouses during the marriage?

Although spouses are prohibited to donate to each other during the marriage, this prohibition shall not apply to moderate gifts which the spouses may give each other on the occasion of any family rejoicing.  Thus, the cellphone given by the husband as a gift to his wife on her birthday is perfectly valid.

How about those spouses that live without the benefit of a marriage?  Are they included in the prohibition of donation?

Yes. Although they are not lawfully married, the law even includes them in the prohibition.  Thus, while they live together as husband and wife, although not lawfully married, they cannot donate to each other except on moderate gifts on the occasion of family rejoicing.


What is the limitation to the amount to be donated by reason of marriage?

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.  Thus, there is no limit if the future spouses would have a regime of absolute community of property.

May the donations by reason of marriage be revoked?

Yes.  The following are the grounds for the revocation of the donation by reason of marriage:

  1.  If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by the Family Code.

  1. When the marriage takes place without the consent of the parents or guardian, as required by law.

  1. When the marriage is annulled, and the donee acted in bad faith.

  1. Upon legal separation, the donee being the guilty spouse.

  1. If it is with a resolutory condition and the condition is complied with.

  1. When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general.

Can the spouse donate a future property by reason of marriage?

Yes, however, the same shall be governed by the provisions on the testamentary succession and the formalities of wills.

Source:  The Family Code of the Philippines

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