Decree of Legal Separation, A99(2) Family Code

Art. 99. The absolute community terminates:

x x x

(2) When there is a decree of legal separation; x x x

Related: Legal Separation, A56 Family Code

1) The absolute community of property — a legal setup where all properties acquired during the marriage are commonly owned by both spouses — officially ends when a court issues a decree of legal separation. This decree doesn’t dissolve the marriage itself, but it legally recognizes that the couple will live apart permanently. Once the decree is granted, their shared ownership under absolute community stops, and their properties are divided according to the law, usually resulting in each spouse managing their own assets separately moving forward. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 5 May 2025])

Example 1: Miguel and Anna had ongoing marital issues and eventually filed for legal separation. Once the court issued the decree, the properties they once co-owned — such as their house and car — were no longer governed by the rules of absolute community and had to be divided accordingly. (Ibid.)

Example 2: Trisha discovered that Leo had been unfaithful for years. She filed for legal separation and the court approved it. From that point on, any income or property Leo acquired was considered his alone, as the absolute community between them had legally ended. (Ibid.)