Family Code · Chapter 4. Conjugal Partnership of Gains · Section 3. Conjugal Partnership Property

Article 120

Improvements on separate property

Unamended since 1987

Current text, as of October 15, 2026

The ownership of improvements, whether for utility or adornment, made on the separate property of the spouses at the expense of the partnership or through the acts or efforts of either or both spouses shall pertain to the conjugal partnership, or to the original owner-spouse, subject to the following rules:

When the cost of the improvement made by the conjugal partnership and any resulting increase in value are more than the value of the property at the time of the improvement, the entire property of one of the spouses shall belong to the conjugal partnership, subject to reimbursement of the value of the property of the owner-spouse at the time of the improvement; otherwise, said property shall be retained in ownership by the owner-spouse, likewise subject to reimbursement of the cost of the improvement.

In either case, the ownership of the entire property shall be vested upon the reimbursement, which shall be made at the time of the liquidation of the conjugal partnership. (158a)

Consolidated by Alleba from the text of Executive Order No. 209 (Lawphil), which already includes the changes made by Executive Order No. 227 (1987) before the Code took effect, and the amending Republic Acts in our library. Later amendments made by Presidential Decrees, Batas Pambansa or other executive orders are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.