After twenty years of marriage, the husband bought a flat in the city in his own name, and later entered a mortgage with a bank and the developer. A third party then asserted a claim against the property.

Issue

Whether property acquired during marriage in one spouse’s name is matrimonial property, and how a creditor’s claim against one spouse affects the other’s share.

Outcome

The court held that, under Article 1062 of the Civil Code, property acquired during marriage is presumptively joint regardless of which spouse is registered as owner, and that enforcement against it must respect the non-debtor spouse’s share.

Note

Registration is not determinative between spouses; it is determinative against third parties acting in good faith. Both propositions matter in enforcement.