SIGNATURE NEEDED?

Does My Ex-Wife Need to Sign? (For Separated but Legally Married Spouses)

One common question we receive is: Does my ex-wife need to sign?

The answer depends on whether she is a co-owner of the asset. To determine this, we consider three key factors:

1. When were you married?

2. How was the asset acquired? (e.g., purchase, inheritance, or donation)

3. When was the asset acquired?

Step 1: When Was the Marriage?

The crucial date to remember is August 3, 1988—the transition from the Conjugal Partnership of Gains (CPG) to the Absolute Community of Property (ACP) under Philippine law.

To simplify, remember the mnemonic 888 (8/’88):

Married before August 3, 1988 (Before 888)

+ Any property owned before marriage remains separate (similar to a built-in prenuptial agreement).

Married on or after August 3, 1988 (After 888)

+ Any property owned before marriage becomes jointly owned by the spouses.

Step 2: How Was the Asset Acquired?

+ If acquired for free (inheritance or donation) - It remains the exclusive property of the heir or donee, even if married.

+ If acquired for free before marriage but the owner marries after 888 - The property becomes co-owned by the spouses.

Step 3: When Was the Asset Acquired?

+ If acquired after marriage, it is generally co-owned, whether the marriage was before or after 888.

How to Identify Co-Owned Properties

+If a title lists "Spouses Michael Jordan and Tyra Banks", it signifies joint ownership.

+ If the title states "Michael Jordan married to Tyra Banks", the property belongs exclusively to Michael Jordan.

The Safe Assumption

Given complexity of legal proceedings in the PH, it’s best to assume that all properties are co-owned and will require both spouses' signatures—unless proven otherwise.