CPG Termination, A126-128 Family Code
1. Termination of CPG
a. Death
Art. 126. The conjugal partnership terminates:
(1) Upon the death of either spouse; x x x
1) [CPG] ends automatically when one of the spouses dies. At that moment, the partnership is considered dissolved, and the properties accumulated during the marriage must eventually be divided between the surviving spouse and the heirs of the deceased. This rule ensures that ownership and inheritance are settled fairly once the marital union is brought to a natural end by death. (OpenAI ChatGPT-5 [2025], reviewed by Legal / J. Del Puerto, Accessed 14 September 2025)
Example 1: When Arturo passed away, his wife Clara no longer shared a conjugal partnership with him. Their jointly acquired farmland was dissolved from the partnership and became subject to division between Clara and Arturo’s children. (Ibid.)
Example 2: After Lucia’s death, her husband Ramon could not continue to treat their shared grocery business as conjugal property. Instead, it became part of the estate, which had to be settled and distributed according to the law of succession. (Ibid.)
Example 3: Carlos and Maribel had built a home together under their conjugal partnership. When Carlos died, the partnership ceased, and Maribel, along with Carlos’s heirs, had to determine how the property would be apportioned. (Ibid.)
b. Decree of legal separation
Art. 126. The conjugal partnership terminates:
x x x
(2) When there is a decree of legal separation; x x x
Related: Decree of Legal Separation, A99(2) Family Code
1) A conjugal partnership comes to an end if a court issues a decree of legal separation. This means that once the separation is officially recognized by the court, the couple no longer shares ownership of property acquired during the marriage. Their joint property regime is dissolved, and each spouse begins managing their assets separately, although the marriage itself is not annulled or dissolved. (OpenAI ChatGPT-5 [2025] as reviewed by legal, supra.)
Example 1: When Julia and Roberto obtained a decree of legal separation, the apartment they had bought together was no longer considered conjugal property. It was divided according to the liquidation process, and each spouse moved forward with their own assets. (Ibid.)
Example 2: After years of disputes, Mateo and Lorna secured legal separation through the court. The business they had operated under their conjugal partnership was dissolved, and the profits were shared before they started managing their finances independently. (Ibid.)
Example 3: When a judge granted a decree of legal separation to Henry and Teresa, the family’s jointly owned farmland was no longer part of a conjugal estate. The land had to be divided, with Teresa taking her share and Henry retaining his. (Ibid.)
c. Annulment or nullity of marriage
Art. 126. The conjugal partnership terminates:
x x x
(3) When the marriage is annulled or declared void; x x x
Related: Nullity or Annulment of Marriage, A99(3) Family Code
1) A conjugal partnership ends if the marriage itself is annulled or declared void by a court. This means that since the foundation of the conjugal partnership — the marriage — is no longer legally recognized, [the CPG terminates].
Example 1: When Isabel’s marriage to Ramon was annulled due to psychological incapacity, their conjugal partnership was dissolved, and the properties they had acquired together were divided according to the law. (Ibid.)
Example 2: Miguel discovered that his wife, Sara, had a prior existing marriage that made their union void. Since the marriage had no legal basis, their conjugal partnership also ended, and the property settlement was handled as if they had never been lawfully married. (Ibid.)
Example 3: After years together, Clarisse and Antonio’s marriage was annulled because Antonio had been underage at the time of the wedding. With the annulment granted, the conjugal partnership automatically terminated, requiring liquidation of the assets they accumulated. (Ibid.)
d. Judicial separation of property
Art. 126. The conjugal partnership terminates:
x x x
(4) In case of judicial separation of property during the marriage under Articles 134 to 138. (175a)
Related provisions:
Article 134. 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. (190a)
Article 135. Any of the following shall be considered sufficient cause for 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 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.
In the cases provided for in Numbers (1), (2) and (3), the presentation of the final judgment against the guilty or absent spouse shall be enough basis for the grant of the decree of judicial separation of property. (191a)
Article 136. 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. (191a)
Article 137. Once the separation of property has been decreed, the absolute community or the conjugal partnership of gains shall be liquidated in conformity with this Code.
During the pendency of the proceedings for separation of property, the absolute community or the conjugal partnership shall pay for the support of the spouses and their children. (192a)
Article 138. After dissolution of the absolute community or of the conjugal partnership, the provisions on complete separation of property shall apply. (191a)
1) Judicial separation of property – refers to separation of property via judicial decree.
2) Judicial separation can either be voluntary, when both spouses agree and jointly petition the court, or it can be based on sufficient cause, where one spouse asks the court for separation because of [sufficient case as provided under Article 135]. (OpenAI ChatGPT-5 [2025] as reviewed by legal, supra.)
3) Once the court approves the separation, the conjugal partnership is dissolved and liquidated, meaning the shared assets are settled and distributed, and from then on, the spouses’ properties are governed by a regime of complete separation of property. Creditors must also be protected throughout this process, ensuring that debts and obligations are not left unsettled. (Ibid.)
Example 1: Marissa discovered that her husband Joel had abandoned her for over a year and refused to provide financial support. She petitioned the court for judicial separation of property. When the decree was issued, their conjugal partnership ended, and the house and savings they had accumulated were liquidated. (Ibid.)
Example 2: Diana and Roberto, who had constant financial disputes, jointly agreed to file a voluntary petition for separation of property. The court granted it after ensuring their creditors’ rights were protected. Their conjugal partnership terminated, and they each began managing their own income and assets independently. (Ibid.)
Example 3: Rogelio was convicted of a crime carrying civil interdiction. His wife, Teresa, presented the final judgment to the court, which was sufficient grounds for judicial separation of property. The conjugal partnership was dissolved, and thereafter Teresa’s earnings and future acquisitions were hers alone. (Ibid.)
