Is It Possible to Have a Complete Separation of Property Between Husband and Wife?


In this post, one would be informed about the regime of separation of property between husband and wife.  Is it really legal?  How could this be availed by the spouses?

To have a knowledge of it, this post is for you.
 
Can the spouses select to have a separation of their properties?

Yes, provided it is in accordance with law.

What would the spouses do in order to have a separation of property regime?

The spouses should execute a marriage settlement or pre-nuptial agreement stating, among others, that their property relation should be governed by the regime of separation of properties.

What if the spouses do not have any marriage settlement or pre-nuptial agreement, could they agree to have a regime of separation of property?

No.  If the spouses do not have any marriage settlement or pre-nuptial agreement, their property shall be governed by the provisions on absolute community of property.

What would be the remedy for the spouses in order to have a complete separation of property?

The spouse or the spouses may file a petition in court for separation of their property even if they did not execute any marriage settlement or their property was governed by the provisions on absolute community or conjugal partnership of gains.  For more information please read http://dailyservingoflegalmatters.blogspot.com/2014/04/can-spouses-petition-for-separation-of.html. Once the petitioner for separation of property is granted, the provision on complete separation of property shall now govern their properties.

What are the properties that may be subject for separation?

Separation of property may refer to present or future property or both.

What are the types of separation of property?

Separation of property may be total or partial.  If it is partial separation of property, the property not agreed upon as separate shall pertain to the absolute community.  Hence, we have either complete separation of property or partial separation of property.

What is the effect of separation of property to the administration, disposition or enjoyment of the property?

Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, WITHOUT need of the consent of the other.

Who enjoy the earnings of the separate properties of the spouses?

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.

Who would bear the family expenses?

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.

Source:  The Family Code of the Philippines

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