The response to this will depend on a few factors, in accordance with the Philippine Supreme Court within the 2009 situation of Ravina vs. Abrille.
The scenario involved two lots located in Davao City.
The lot that is first obtained because of the spouse ahead of their wedding. The lot that is second obtained because of the partners in 1982 as they were currently hitched. Because the legislation in effect during those times ended up being nevertheless the Civil Code, the house regime associated with wedding was governed by the conjugal partnership of gains, which just claims that most incomes received and properties obtained through the marriage are thought owned in accordance because of the wife and husband. (on the other hand, marriages from August 3, 1988 are governed by the household Code which observes the absolute community of home regime, under which also assets obtained prior to the wedding are owned in keeping by the partners).
Many years in to the wedding, the spouses divided. Husband relocated away from home. Wife ended up being forced to offer or mortgage their movables to aid the family members together with studies of her young ones. For their component, husband offered the 2 lots.