Published — June 1, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Read also WHAT ARE THE EXCLUSIVE PROPERTIES OF SPOUSES IN A CONJUGAL PARTNERSHIP?
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Future spouses may adopt the regime of Complete Separation of Property in their antenuptial agreement.
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Under the system of complete separation of properties between the husband and wife, each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other.
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The liability of the spouses to creditors for family expenses shall be solidary.
Aside from Conjugal Partnership of Gains, the future spouses may also adopt the regime of Complete Separation of Property in their antenuptial agreement.
What the Family Code Provides
Under the system of complete separation of properties between the husband and wife, each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other. To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property. And both spouses shall bear the family expenses in proportion to their income, or, in case of insufficiency or default thereof, to the current market value of their separate properties. The liability of the spouses to creditors for family expenses shall, however, be solidary.
The separation of property may refer to present or future property or both. Further, it may be total or partial separation of property. In a partial separation of property, the assets not agreed upon as separate shall pertain to the absolute community.
If in the marriage settlement the future spouses agreed on the system of complete separation of property, this cannot later on be converted during the marriage into the conjugal partnership of gains. The conjugal partnership and absolute community of property can, however, be converted into the separation of property regime during the marriage, provided there is judicial approval. Such judicial separation of property may either be voluntary or for sufficient cause.
The spouse 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.
Once the separation of property has been decreed, the absolute community or the conjugal partnership of gains shall be liquidated in conformity with the Family 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.
After dissolution of the absolute community or of the conjugal partnership, the complete separation of property shall apply. 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.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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After the separation of property, if one spouse dies, will the other still inherit from the estate of the deceased?
I’d like to file for Judicial Season of Properties. May I please know the process?
DO you mean Judicial Partition of Properties? For a thorough discussion of your concern, I strongly suggest to set an appointment with us. You may email us at ajlmacapugay@alburolaw.com or call us at 09778050015 / 7745-4391