Persons and Family

What is Paraphernal Property

Paraphernal Property is property that solely belongs to either the husband or the wife only. Paraphernal Property is not part of the conjugal property or absolute community property.

 

If the property regime of the husband and wife is complete separation of property, all properties brought and acquired by each of the spouses before and during the marriage belongs only to either the husband or the wife and not by both of them.

 

Is it necessary that there be a pre-nuptial agreement for Paraphernal Property to exist?

 

No. In case of inherited properties within the marriage, the inherited properties remain paraphernal to the heir.

 

Who owns the fruits of Paraphernal Property?

 

The fruits of a Paraphernal Property redounds solely to the owner thereof. Even if the fruits accrued during the marriage.


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