Property Purchased While Single

Someone asked me, "I have a friend who...

bought a real property when he/she was still single. He/she then got married to B last year. Can my friend sell without B's consent or signature?

Can B sell the said property without my friend's consent/signature?  

My answer is No, neither can sell the property without the other spouse’s consent.

According to the System of Absolute Community, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. The administration and enjoyment of the community property shall belong to both spouses jointly. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent,the disposition or encumbrance shall be void.

In this case, sans a marriage settlement, the property bought by the Friend while still single would be a part of the community property since it was owned already at the time of the celebration of marriage. As a result, the spouses would administer and enjoy the said property jointly. For the Friend to sell the property even if the title indicates he is single, he must still seek marital consent from B.

As for B, her name is not even in the title, she would have no right to act as owner of the property yet, much less to dispose of it, unless she has a special power of attorney from the Friend.

Adapted from Law131 Query of Loren Mae R. Escalona