Article 134 of the Family Code: Separation of property during marriage
Status: In force
What does Article 134 say?
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.
What does it mean in plain language?
Under Article 134 of the Family Code, spouses cannot simply divide their property during the marriage. Unless their marriage settlement already says so, separation of property needs a court order. The court may grant it either because both spouses ask for it (voluntary) or because one spouse proves a sufficient cause listed in Article 135.
The "marriage settlement" is the prenup signed before the wedding. "Judicial separation of property" means a court order that separates the property of the spouses while the marriage continues.
How does it work in real life?
Kara and Leo: apart for two years
Kara and Leo have lived apart for two years and do not expect to reconcile. Either of them may ask the court for separation of property under Article 135(6). Or both may file a joint verified petition under Article 136, listing all their creditors.
Marga: a husband who left
Marga's husband left the conjugal home years ago without just cause and does not support the family. She may ask for separation of property under Article 135(4), which refers to abandonment and failure to meet obligations under Article 101.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- Couples who want separate property from the start must say so in a prenup signed before the wedding (Article 77). Without one, the default is absolute community (Article 75). See prenuptial agreement in the Philippines.
- Until the court orders a separation, a sale or mortgage of community property still needs the other spouse's written consent or court authority (Article 96).
- Separation of property does not end the marriage. To compare regimes, see absolute community vs conjugal partnership. For living apart with a court decree, see grounds for legal separation.
- For a question-and-answer guide, see can spouses separate their property while still married?
What does Article 134 say?
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.
What counts as sufficient cause?
Article 135 lists six causes. One spouse may ask the court for separation of property when:
(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.
For causes (1), (2) and (3), presenting the final judgment against the guilty or absent spouse is enough basis for the court to grant the separation of property.
Can both spouses ask together?
Yes. Article 136 allows a voluntary separation:
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.
"Verified" means the petition is confirmed under oath.
Frequently asked questions
Can spouses separate their property during the marriage?
Yes, but only by court order unless their marriage settlement already provides for it. Article 134 says the separation may be voluntary or for sufficient cause.
What are the causes for judicial separation of property?
Article 135 lists six: civil interdiction of the other spouse, a judicial declaration of absence, loss of parental authority, abandonment or failure to meet family obligations, abuse of the power of administration given in the marriage settlement, and separation in fact for at least one year with reconciliation highly improbable.
Can both spouses agree to separate their property?
Yes. Under Article 136, the spouses may jointly file a verified petition with the court for the voluntary dissolution of the absolute community or conjugal partnership and the separation of their common properties.
What happens to the creditors?
In a voluntary petition, all creditors of the community or partnership and the personal creditors of the spouses must be listed and notified. The court takes measures to protect them and others with a money interest.
Do we need to be separated for a long time?
Only for the sixth cause in Article 135, which requires that at the time of the petition the spouses have been separated in fact for at least one year and reconciliation is highly improbable. The other causes have no such period.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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