It is presumed under the Family Code that the property bought by a married individual shall form part of the absolute community (or conjugal partnership if the spouses were married before August 3, 1987), unless the spouses have agreed to a separation of property before their marriage or if one of the spouses executes a sworn statement (Affidavit of Paraphernal / Separate Property) stating that the funds used to buy the property do not form part of their absolute community of property or conjugal partnership but were taken from the personal/paraphernal/separate funds of his/her spouse. 


Also, note that the Affidavit of Paraphernal/Separate Property must be duly notarized or consularized if executed outside the Philippines.

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