The Short Answer
No. If the property belongs to both of you as a married couple, your spouse cannot sell it, mortgage it or give it away without your written consent or a court's permission. A sale without either is void (it has no legal effect) under the Family Code (Articles 96 and 124). That is true even if the title is only in your spouse's name. Property that belongs to your spouse alone, such as land they inherited, is different: they can generally sell that without you.
Example: An OFW Wife in Hong Kong
Names and details in this example are made up.
Marites Ocampo has worked as a household helper in Hong Kong since 2011. Her husband Ramon stays with their two children in Barangay San Vicente, Tarlac City. They married in 2009 with no Prenuptial Agreement. In 2014 they bought a 200-square-meter lot in Tarlac City for ₱450,000, mostly from Marites's remittances. The title reads "Ramon Ocampo, married to Marites Ocampo".
In June 2026, Marites's sister tells her that Ramon sold the lot to a neighbor, Mr. Gutierrez, for ₱800,000. Ramon signed the Deed of Sale alone and had it notarized. Marites never signed anything and never gave him a Special Power of Attorney.
Whose lot is it? They married after 3 August 1988 with no agreement, so they are under absolute community of property. The lot was bought during the marriage, so it belongs to both of them. It makes no difference that Ramon's name comes first on the title, or that Marites is abroad.
Is the sale valid? No. Without Marites's written consent or a court order, the sale is void (Family Code, Art. 96). Mr. Gutierrez should have noticed: the title itself says Ramon is married.
What Marites can do.
- Ask her sister to get a Certified True Copy of the title from the Registry of Deeds of Tarlac, to see if the sale has been registered and a new title issued.
- Get a copy of the Deed of Sale, if she can, and check whether a signature was made to look like hers. A faked signature is a separate crime (falsification) that can be reported to the PNP or NBI.
- Talk to a lawyer about a case to declare the sale void and recover the lot. PAO helps people who qualify. Once a case is filed, a notice of it can be annotated on the title (written on it as a warning) so no one else buys it in the meantime.
What if she agrees after all? The law treats a sale like this as a continuing offer. If Marites decides she is fine with it, she can accept by signing a written consent before Ramon or the buyer withdraws. She can sign it at the Philippine Consulate in Hong Kong. Until she accepts, the sale has no effect.
The buyer's side. Mr. Gutierrez can try to get his ₱800,000 back from Ramon. He cannot keep the lot just because he paid for it.
Is the Property Yours Together?
What you own together depends on when you married and whether you signed a Prenuptial Agreement (a marriage settlement):
- Married on or after 3 August 1988, no agreement: absolute community of property (Family Code, Art. 75). Almost everything either of you owned at the wedding, or acquired afterwards, belongs to both.
- Married before 3 August 1988, no agreement: generally conjugal partnership of gains (the couple shares what they earn during the marriage). What each owned before the marriage stays theirs; what was earned or bought during the marriage belongs to both.
Property acquired during the marriage is presumed to belong to both spouses unless proven otherwise, even if the title or Tax Declaration names only one (Arts. 93 and 116). A title that says "married to" is a strong sign it is shared. Even a title that says "single" can still be shared property if it was acquired during the marriage.
Property that belongs to one spouse alone (exclusive property) includes land one spouse inherited or received as a gift during the marriage, and items for personal use. Under conjugal partnership, it also includes what each spouse owned before the marriage. A spouse can generally sell their exclusive property without the other's consent (Art. 111).
What the Law Says About Selling
Under Articles 96 (absolute community) and 124 (conjugal partnership), the spouses manage their common property together. One spouse may handle it alone when the other cannot, for example because they are sick or far away. But even then:
- selling, mortgaging or giving away (disposing of or encumbering) common property needs the other spouse's written consent or authority from a court;
- without it, the transaction is void (it has no legal effect);
- the transaction is treated as a continuing offer: it becomes binding if the other spouse accepts in writing, or a court authorizes it, before the offer is withdrawn.
A spoken "okay lang" over video call is not written consent. Nor is the fact that the other spouse knew about the sale and did nothing. The consent must be in writing.
If one spouse is truly unable to sign, for example because they are missing or seriously ill, the other can ask a court for authority to sell.
If Your Spouse Already Sold It
- Check the title. Get a Certified True Copy from the Registry of Deeds where the land is, to see if a sale was registered. For a house and lot under a Pag-IBIG or bank loan, ask the lender too.
- Do not sign anything later unless you truly agree. Signing a consent or a new deed can make the sale binding.
- A court case. To get the property back in your names, a court has to declare the sale void. You will need a lawyer; the Public Attorney's Office (PAO) helps people who qualify. If you and your spouse live in the same city or municipality, ask whether you first need to go through barangay conciliation.
- Forged signature. If someone signed in your name, that is falsification, a crime. Report it to the PNP or NBI, and tell the Registry of Deeds.
- Abuse. Under Republic Act No. 9262 (RA 9262), a husband who controls the couple's money or property to keep his wife or children dependent may be committing economic abuse. See Protection Orders.
Older sales follow older rules. A sale made before 3 August 1988, when the Civil Code still governed, may only be voidable (valid until annulled by a court within a time limit), not void.
If You Are the Buyer
Buyers lose the most when they skip this step. Before paying:
- Read the title. If it says "married to", the spouse must sign. See checking land before you buy it.
- Ask about civil status. Ask the seller for a PSA Marriage Certificate, or a CENOMAR if they say they are single.
- Get the spouse's signature. The spouse signs the Deed of Sale with the words "with my marital consent". Our Deed of Absolute Sale template has a line for this.
- If the spouse is abroad, they can sign a Special Power of Attorney or a written consent before a Philippine consulate, or before a local notary and then have it apostilled. See Special Power of Attorney.
- If the spouse has died, their share went to their heirs. See selling land still in a dead parent's name.
Common Questions
Nasa Pangalan lang ng Mister Ko ang Titulo. May Karapatan pa rin ba Ako?
Yes, if the property was acquired during your marriage. It is presumed to belong to both of you whatever name is on the title (Family Code, Arts. 93 and 116). Your husband still needs your written consent to sell or mortgage it.
Can My Husband Sell the Land He Inherited From His Parents Without Me?
Generally yes. Property a spouse inherits during the marriage is usually their exclusive property, unless the parents said otherwise in the will or donation. A spouse can sell exclusive property without the other's consent (Art. 111). The income from it, like rent or harvests, may still be shared.
What About the Car, or a Motorcycle?
The same rule applies to any property owned together, not just land. A car bought during the marriage is generally common property, even if the LTO registration names only one spouse. Buyers and the LTO usually ask for the spouse's consent on the Deed of Sale.
Can My Wife Mortgage Our House to a Lending Company Without Telling Me?
No. A mortgage (encumbrance) of common property needs your written consent or a court's authority, the same as a sale. Without it, the mortgage is void as to the common property.
We Are Separated but Not Annulled. Does He Still Need My Consent?
Yes. Living apart does not end your property regime (the property rules of your marriage). Only a court decree, such as a decree of legal separation, annulment, or judicial separation of property, ends it. Until then, common property still needs both spouses' written consent to be sold. See is there divorce in the Philippines.
Not legal advice. This is general information. For advice on your own situation, consult a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) or an IBP legal aid office may help for free.
Government fees, rules and requirements change, so always check with the office concerned before you go. This page explains the general rules; it cannot tell you how they apply to your own family or case. Last reviewed October 8, 2026.