Question

Mr. and Mrs. Reyes got married in the Philippines. They decided to enter into a marriage settlement, opting for the separation of property regime. However, they did not execute any written agreement specifying the terms and conditions of their separation of property.

After several years of marriage, Mr. Reyes acquired a valuable piece of property in his name alone. Unfortunately, they are now facing marital problems and are considering getting a divorce. Mrs. Reyes wants to know her rights with regards to the said property acquired by Mr. Reyes.

Based on the Family Code of the Philippines, particularly on the topic of the separation of property regime (Family Code, arts. 143-146), answer the following questions:

1. Is the absence of a written marriage settlement fatal to the validity of the separation of property regime chosen by Mr. and Mrs. Reyes? Explain.
2. Can Mrs. Reyes claim any share or interest in the property acquired by Mr. Reyes during their marriage? Explain.