ACP if Separated in Fact, A100 Family Code
Art. 100. The separation in fact between husband and wife shall not affect the regime of absolute community x x x
1) When a husband and wife live apart from each other without going through formal legal proceedings, such as legal separation or annulment, their shared ownership of property under the absolute community of property remains unchanged. This means that even if they are no longer living together, the legal arrangement where all their assets and debts are considered jointly owned still applies. Mere physical separation doesn’t dissolve or alter the way their properties are managed or divided under the law. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 5 May 2025])
Example 1: Marco and Liza stopped living together after years of constant arguments, but they never filed for legal separation. Even though they had separate residences and lived independent lives, the house Marco bought after their separation was still part of their absolute community, so Liza had legal rights to it. (Ibid.)
Example 2: Carlos moved out of the home he shared with Angela and began a new relationship, but since they remained legally married and didn’t go through any legal proceedings, the business Angela started after he left was still considered part of their joint property. (Ibid.)
Example 3: Tina believed that her separation from Jerome gave her full control over her income and investments. However, since they were married under absolute community and hadn’t filed for any legal dissolution, Jerome was still legally entitled to a share of the apartment she purchased during their time apart. (Ibid.)
a. Exceptions
1) Spouse who left/refused to live at conjugal home
Related: Spouse who left or refused to live at conjugal home, A100(1) Family Code
2) Required spousal consent
Related: Required Spousal Consent, A100(2) Family Code
3) Support of the family
Related: Solidary liability for support of family, A100(3) Family Code
