How Property Is Divided in Philippines Divorce
Philippines uses Absolute community of property (default) or conjugal partnership. Understanding how your assets will be divided is often the biggest financial question in divorce.
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- ✓Legal system: Civil law (influenced by Spanish and American law)
- ✓Property approach: Absolute community of property (default) or conjugal partnership
- ✓Key legislation: Family Code of the Philippines (1987)
- ✓Marital/community property generally includes assets acquired during the marriage
- ✓Pre-marital assets, gifts, and inheritances are often treated differently
- ✓The family home is usually the most significant asset to divide
- ✓Retirement accounts and pensions earned during marriage are typically divisible
What Is Typically Divided
- ✓Family home and real estate purchased during marriage
- ✓Bank accounts, investments, and savings accumulated during marriage
- ✓Retirement and pension rights earned during the marriage
- ✓Vehicles, furniture, and personal property
- ✓Business interests started or grown during marriage
- ✓Debts incurred during the marriage (mortgages, loans, credit cards)
What Usually Stays Separate
- ✓Property owned before the marriage (if kept separate)
- ✓Gifts and inheritances received individually
- ✓Personal injury compensation (in most jurisdictions)
- ✓Property excluded by prenuptial/marriage contract
- ✓Property acquired after separation (rules vary)
Common Issues
- ✓Commingling: mixing separate and marital assets makes tracing difficult
- ✓Business valuation: privately held businesses need professional appraisal
- ✓Hidden assets: forensic accountants can trace undisclosed property
- ✓International assets: cross-border property division adds complexity
- ✓Consult a qualified family law professional in Philippines for specific advice
Every situation is different
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Legal Disclaimer: This article covers Philippines divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Philippines for advice specific to your situation.