What is meant by donations by reason of marriage (donations propter nuptias)?

Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. (Art. 82, Family Code)


What are the requisites for a valid donation propter nuptias?

For a donation propter nuptias to be valid, the donation must be made: 

1. Before the celebration of the marriage;
2. In consideration of the marriage; and
3. In favor of one or both of the future spouses. 


What are the distinctions between donations by reason of marriage and ordinary donations?


Donation Propter Nuptias Ordinary Donations
As to formalities, it is governed by the rules on
ordinary donations except that if future property is donated,
it must conform with the formalities of wills.		 It is governed by the rules on donations (Articles 725- 773, NCC)
As to extent, both present and future properties may be donated Only present properties may be donated
As to acceptance, donation propter nuptias does not require express acceptance.  As a general rule, express acceptance is necessary.
As to revocation,  the grounds are found in Article 86 of the Family Code Grounds are found in the law on donations.

What rules govern the form of donation of propter nuptias?

The form of donation propter nuptias is governed by the rules on ordinary donations established in Title III of Book III of the Civil Code (on donations), insofar as they are not modified by the provisions of the FC on donations by reason of marriage (Art. 83, FC)
What are the formalities required in donations propter nuptias?

1. Present Property

A. Personal Property- If what is donated is a personal property the value of which exceeds P5,000.00, the donation and acceptance must both be in writing; otherwise, the donation is void.

B. Real Property- If what is donated is a real property, the donation and acceptance must both be in public instrument; otherwise, the donation is void.

A donation propter nuptias, according to Article 1328 of the Civil Code, must be governed by the rules established in Title II, Book III of said Code (Articles 618-656). Article 633 provides that in order that a donation of real property may be valid it must be made in a public instrument. This is the article applicable to a donation propter nuptias in so far as its formal validity is concerned. In the instant case the donation propter nuptias did not become valid neither did it create any right because it was not made in a public instrument. (Solis vs. Barroso, G.R. No. L-27939, October 30, 1928)

Read: Solis vs. Barroso Case Digest

2. Future Property- If what is donated is a future property, the donation must be in the form of wills.


What properties may be donated by reason of marriage?

If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void.

Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. (Art. 84, FC)


Does donation propter nuptias require express acceptance?

No. Under the Old Civil Code, donations propter nuptias must be made in a public instrument in which the property donated must be specifically described. However, Article 1330 of the same Code provides that acceptance is not necessary to the validity of such gifts. In other words, the celebration of the marriage between the beneficiary couple, in tandem with compliance with the prescribed form, was enough to effectuate the donation propter nuptias under the Old Civil Code.

Under the New Civil Code, the rules are different. Article 127 thereof provides that the form of donations propter nuptias are regulated by the Statute of Frauds. Article 1403, paragraph 2, which contains the Statute of Frauds requires that the contracts mentioned thereunder need be in writing only to be enforceable. However, as provided in Article 129, express acceptance is not necessary for the validity of these donations. Thus, implied acceptance is sufficient. (Valencia vs. Locquiao, G.R. No. 122134. October 3, 2003)

Read: Valencia vs. Locquiao Case Digest


What is the effect of donations by reason of marriage of property which is subject to encumbrance?

Donations by reason of marriage of property subject to encumbrances shall be valid. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured, the donee shall not be liable for the deficiency. If the property is sold for more than the total amount of said obligation, the donee shall be entitled to the excess. (Art. 85, FC)


When may donation propter nuptias be revoked by the donor?

A donation by reason of marriage may be revoked by the donor in the following cases:

(1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81;

(2) When the marriage takes place without the consent of the parents or guardian, as required by law;

(3) When the marriage is annulled, and the donee acted in bad faith;

(4) Upon legal separation, the donee being the guilty spouse;

(5) If it is with a resolutory condition and the condition is complied with;

(6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general.  (Art. 86, FC)


Are donations propter nuptias onerous donations?

 In donations propter nuptias, the marriage is really a consideration, but not in the sense of being necessary to give birth to the obligation. The fact that the marriage did not take place is a cause for the revocation of such donations. However, even if the marriage never took place, if the proper action for revocation were not instituted, or if it were instituted after the lapse of the statutory period of prescription, there can still be a valid donation propter nuptias. This is, so because the marriage in a donation propter nuptias is rather a resolutory condition which, as such, presupposes the existence of the obligation which may be resolved or revoked, and it is not a condition necessary for the birth of the obligation. (Solis vs. Barroso)


 X made a donation propter nuptias of a parcel of land in favor of Y. They were married but the marriage was annulled upon the complaint of Y upon her discovery that X has been previously married. X now files a suit for revocation of the donation.  Will the action prosper? (1973)

 No. True, the marriage of X and Y was annulled at the instance of the donee but it must be noted that Y, the donee, did not act in bad faith. If anybody acted in bad faith, it was X, the donor. Paragraph 3 of Article 86 of the FC provides that the donation propter nuptias can be revoked only if the marriage was annulled and the donee acted in bad faith.  
Are donations made by either spouse in favor of the other, directly or indirectly, during the marriage valid?

Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together as husband and wife without a valid marriage. (Art. 87, FC)