Article 50 of the Family Code: Effects of the final judgment
Status: In force
What does Article 50 say?
The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by Article 44 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45.
The final judgment in such cases shall provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of third presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings.
All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in accordance with the provisions of Articles 102 and 129.
What does it mean in plain language?
Article 50 says what the final judgment must settle when a marriage is annulled under Article 45 or declared void under Article 40. The judgment provides for the liquidation, partition and distribution of the spouses' properties, the custody and support of their common children, and the delivery of the children's presumptive legitimes, unless these were already decided in an earlier court case. It also applies some effects of Articles 43 and 44, which punish a spouse who acted in bad faith.
So the case does not end with the words "the marriage is annulled". The court also divides the property, decides where the children will live and how they will be supported, and orders the delivery of the children's share. All creditors must be notified of the liquidation, and the conjugal dwelling and its lot are awarded under the rules in Articles 102 and 129.
Article 50 names judgments under Article 40 (a previous marriage declared void) and Article 45 (annulment). It does not name other void marriages.
How does it work in real life?
Grace and Leo: dividing the house
Grace and Leo's marriage is annulled. They own a house and lot bought during the marriage and still owe a bank loan. The final judgment provides for the liquidation, partition and distribution of their properties. The bank, as a creditor, must be notified of the liquidation, and the house and lot are awarded under the rules of Articles 102 and 129.
Mike and Joan: custody already decided
Mike and Joan already have a court order on the custody and support of their two children from an earlier case. Article 50 says the final judgment provides for custody and support "unless such matters had been adjudicated in previous judicial proceedings". Because they were, the annulment judgment does not have to decide them again.
Tess: a donation from her husband's parents
Before the wedding, Tess's husband's parents gave the couple a car as a wedding gift. Their marriage is later annulled. Under Article 43(3), applied by Article 50 in the proper cases, donations by reason of marriage remain valid, except that donations to a donee who contracted the marriage in bad faith are revoked by operation of law.
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?
- The judgment must be recorded in the civil registry and registries of property, together with the partition and the delivery of the presumptive legitimes; otherwise it does not affect third persons (Article 52).
- A former spouse may remarry only after that recording (Article 53).
- Children conceived or born before an annulment judgment, or an Article 36 judgment, becomes final and executory are legitimate (Article 54).
- While the case is pending, the court provides for support and custody if the spouses have no adequate written agreement (Article 49).
- For questions about the children, see are children legitimate after an annulment?. For remarriage, see can I remarry after an annulment?
What must the final judgment include?
The second paragraph of Article 50 lists the matters. On the E-Library, the last item is printed as "the delivery of third presumptive legitimes"; Article 52 calls them "the children's presumptive legitimes". The quote below stops before that item:
The final judgment in such cases shall provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children
In plain words, the judgment covers:
- Liquidation. Debts are paid and the property of the absolute community or conjugal partnership is accounted for.
- Partition and distribution. What remains is divided between the spouses.
- Custody and support of the common children. Who the children live with and how they are supported.
- Delivery of presumptive legitimes. A part of the property is delivered to the common children.
The rest of Article 50 adds two rules:
All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in accordance with the provisions of Articles 102 and 129.
What effects of Articles 43 and 44 apply?
The first paragraph of Article 50 says that paragraphs (2), (3), (4) and (5) of Article 43, and Article 44, also apply "in the proper cases". Article 43 deals with a spouse who married in bad faith. These are the effects it lists:
(2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse; (3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law; (4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; and (5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession.
Article 44 covers the case where both spouses acted in bad faith:
If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law.
In plain words: in the proper cases, a spouse in bad faith can lose his or her share of the net profits, gifts received because of the marriage, the place as beneficiary in the other spouse's insurance, and the right to inherit from the innocent spouse. Whether a case is a "proper case" and who acted in bad faith are questions for the court.
What are the children's presumptive legitimes?
Article 50 orders their delivery, and Article 51 explains it. The value of the presumptive legitimes of all common children is computed as of the date of the final judgment of the trial court. It is delivered in cash, property or sound securities, unless the parties had already provided for this by mutual agreement approved by the court. The delivery does not prejudice the children's rights to inherit when a parent dies, but the value of what they already received is considered an advance on their legitime (Article 51).
Frequently asked questions
Does the annulment judgment decide who keeps the house?
Yes. Article 50 says the final judgment provides for the liquidation, partition and distribution of the spouses' properties. The conjugal dwelling and its lot are awarded under Articles 102 and 129.
Does the court decide custody and support in the same judgment?
Yes, unless these matters were already decided in an earlier court case. Article 50 says the final judgment provides for the custody and support of the common children.
What are presumptive legitimes?
They are a part of the spouses' property delivered to the common children in the cases Article 50 covers. Article 51 says their value is delivered in cash, property or sound securities and counts as an advance on the children's legitime.
Does the spouse in bad faith lose anything?
In the proper cases, yes. Article 50 applies effects from Article 43, such as the forfeiture of the bad-faith spouse's share of the net profits and the revocation of donations made to a donee who married in bad faith.
Do the creditors have a say?
They must be notified. Article 50 says all creditors of the spouses, and of the absolute community or conjugal partnership, shall be notified of the proceedings for liquidation.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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