Chapter 5:

Separation of Property of the Spouses and Administration of Common Property by One Spouse During the Marriage

(The Family Code of the Philippines)

Article 134

In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage shall not take place except by judicial order.  Such judicial separation of property may either be voluntary or for sufficient cause.  (190a)

Article 135

Any of the following shall be considered sufficient cause for judicial separation of property:

  1. That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction;
  2. That the spouse of the petitioner has been judicially declared an absentee;
  3. That loss of parental authority of the spouse of petitioner has been decreed by the court;
  4. That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article 101;
  5. That the spouse granted the power of administration in the marriage settlements has abused that power; and
  6. That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable.

In the cases provided for in Numbers (1), (2) and (3), the presentation of the final judgment against the guilty or absent spouse shall be enough basis for the grant of the decree of judicial separation of property.  (191a)

Article 136

The spouses may jointly file a verified petition with the court for the voluntary dissolution of the absolute community or the conjugal partnership of gains, and for the separation of their common properties.

All creditors of the absolute community or of the conjugal partnership of gains, as well as the personal creditors of the spouse, shall be listed in the petition and notified of the filing thereof.  The court shall take measures to protect the creditors and other persons with pecuniary interest.  (191a)

Article 137

Once the separation of property has been decreed, the absolute community or the conjugal partnership of gains shall be liquidated in conformity with this Code.

During the pendency of the proceedings for separation of property, the absolute community or the conjugal partnership shall pay for the support of the spouses and their children.  (192a)

Article 138

After dissolution of the absolute community or of the conjugal partnership, the provisions on complete separation of property shall apply.  (191a)

Article 139

The petition for separation of property and the final judgment granting the same shall be recorded in the proper local civil registries and registries of property.  (193a)

Article 140

The separation of property shall not prejudice the rights previously acquired by creditors.  (194a)

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