Marital Property Classification Worksheet in the Philippines

Use this worksheet to inventory property, debts, acquisition dates, funding sources and documents before attempting classification. A title in one spouse’s name does not always settle whether an asset is exclusive or common. Classification depends on the marriage date, marriage settlements, governing property regime, acquisition facts and applicable Family Code rules.

Before you classify anything

  • Record facts and documents first; put disputed conclusions in the “claimed class” column.
  • Do not sign a waiver, sale, mortgage or settlement based only on this worksheet.
  • Keep full title numbers, account numbers and IDs out of copies shared casually.

1. Identify the possible governing regime

Detail Your entry
Date and place of marriage ____________________________
Marriage settlement/prenuptial agreement? Yes / No — date and registration: __________
Regime stated in agreement ____________________________
Prior marriage or property settlement? ____________________________
Cohabitation without a valid marriage? ____________________________
Foreign property, spouse or agreement? ____________________________

2. Asset inventory

Asset Registered owner Acquisition date How acquired Source of funds Title/proof Claimed class/dispute
Land or home ________ ________ ________ ________ ________ ________
Vehicle ________ ________ ________ ________ ________ ________
Bank/investment account ________ ________ ________ ________ ________ ________
Business interest ________ ________ ________ ________ ________ ________
Insurance/pension benefit ________ ________ ________ ________ ________ ________
Jewelry or valuable personal property ________ ________ ________ ________ ________ ________
Other ________ ________ ________ ________ ________ ________

3. Debt and obligation inventory

Creditor/debt Named borrower Date incurred Purpose/family benefit Spouse consent? Collateral/balance Proof
________ ________ ________ ________ ________ ₱________ ________
________ ________ ________ ________ ________ ₱________ ________
________ ________ ________ ________ ________ ₱________ ________
________ ________ ________ ________ ________ ₱________ ________
________ ________ ________ ________ ________ ₱________ ________

4. Improvements, mixed funds and reimbursement issues

Property or expense Exclusive/common funds used Amount/date Improvement or purpose Proof
________ ________ ₱________ ________ ________
________ ________ ₱________ ________ ________
________ ________ ₱________ ________ ________
________ ________ ₱________ ________ ________

5. Consent and transfer log

Asset Sale/mortgage/lease or other act Spouse’s written consent SPA/court authority Registry proof or red flag
________ ________ Yes / No ________ ________
________ ________ Yes / No ________ ________
________ ________ Yes / No ________ ________
________ ________ Yes / No ________ ________

6. Classification prompts

Possible regime Questions to investigate
Absolute community of property Was the property owned before or acquired during marriage? Does a statutory exclusion apply?
Conjugal partnership of gains Was it exclusive capital, a fruit/income of exclusive property, or acquired through work, industry or chance during marriage?
Complete separation of property What does the valid marriage settlement provide, and how was each asset funded?
Unions under Articles 147 or 148 Was there capacity to marry each other, actual joint contribution, and which special co-ownership rule applies?

7. Evidence checklist

  • ☐ PSA marriage certificate and marriage settlement
  • ☐ Titles, deeds, tax declarations and registry certifications
  • ☐ Purchase contracts, official receipts and source-of-funds records
  • ☐ Bank, loan, mortgage and credit records
  • ☐ Inheritance, donation and succession documents
  • ☐ Construction, repair and improvement records
  • ☐ Corporate, partnership and business records
  • ☐ Insurance, pension and beneficiary records
  • ☐ Existing court orders, settlements and annotations

Urgent red flags

Get prompt professional help if an asset may be sold or mortgaged without valid consent, a signature may be false, funds are disappearing, foreclosure is imminent, records are being concealed, or a deadline is running.

Safe next steps

  1. Order assets and debts by acquisition date.
  2. Attach the source document and trace the funds used.
  3. Identify the possible regime before asserting ownership.
  4. Review the property-relations cornerstone guide, the absolute-community guide, and the property division after annulment guide.
  5. For the wider proceeding, start at annulment, nullity and legal separation.

Legal basis

Property relations are principally governed by Articles 74–148 of the Family Code of the Philippines (Executive Order No. 209). A lawyer may need to review the marriage settlement, registrations, transactions and case-specific facts before classification.

This educational worksheet helps organize facts and documents. It does not determine legal rights, guarantee an outcome, or replace advice from a Philippine lawyer or the current requirements of the proper court or agency.