Can the Spouses Petition for Separation of Property Despite the Absence of Any Marriage Settlement or Pre-Nuptial Agreement?

The property of the spouses may be separated from each other even if they have agreed to a different regime in their marriage settlement.

Even if the property is governed by absolute community or conjugal partnership of gains, the property of the spouses can still be separated.

How to effect the Separation of Property?

The future spouses, inorder to have a complete separation of property, must have signed a marriage settlement or a pre-nuptial agreement stating therein that their properties should be separated from each other.  In the absence of such agreement, there would be no separation of property between them.

Aside from the marriage settlement, the properties of the spouses may be declared separate from each upon order of the court.  Such judicial separation of property may either be voluntary or for sufficient cause.

What are the sufficient causes to invoke the 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 by law;

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.

How to voluntarily separate the properties of the spouses?

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.

What is the effect when there is a decree of separation of property?

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.

What would govern after the dissolution of the absolute community or conjugal partnership of gains?

After dissolution of the absolute community or of the conjugal partnership of gains, the provisions on complete separation of property shall apply.

Can the regime of absolute community of property or of conjugal partnership of gains be revived?

Yes, the spouses may file a motion reviving the absolute community of property or of conjugal partnership of gains.

In what instances the absolute community or conjugal partnership of gains be revived?

1.  When the civil interdiction terminates;

2.  When the absentee spouse reappears;

3.  When the court, being satisfied that the spouse granted the power of administration in the marriage settlement will not again abuse that power, authorizes the resumption of said administration;

4.  When the spouse who has left the conjugal home without a decree of legal separation resumes common life with the other;

5.  When parental authority is judicially restored to the spouse previously deprived thereof;

6.  When the spouses who have been separated in fact for at least one year, reconcile and resume common life; or

7.  When after voluntary dissolution of the absolute community or conjugal partnership of gains has been judicially decreed upon the joint petition of the spouse, they agree to the revival of the former property regime.  No voluntary separation of property may thereafter be granted.

Source:  The Family Code of the Philippines