Judicial Separation of Property, A99(4) Family Code

Art. 99. The absolute community terminates:

x x x

(4) In case of judicial separation of property during the marriage under Articles 134 to 138. (175a)

Related provisions:

Art. 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)

Art. 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)

Art. 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)

Art. 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)

Art. 138. After dissolution of the absolute community or of the conjugal partnership, the provisions on complete separation of property shall apply. (191a)

1) The absolute community of property, which gives both spouses equal ownership of all properties acquired during the marriage, may be terminated while the marriage is still ongoing if the court grants a judicial separation of property. This court-ordered split can be either mutually agreed upon by both spouses or requested by one spouse due to specific valid reasons. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 5 May 2025])

2) In cases like these, the court can end the absolute community, liquidate shared property, and apply rules on complete separation moving forward. Even while proceedings are ongoing, the joint property is still responsible for the financial support of the spouses and their children. Voluntary separation is also allowed through a joint court petition, provided all creditors are informed to protect their rights. (Ibid.)

Example 1: Jules discovered that Alicia, his wife, had misused their shared funds for years without his knowledge. Since Alicia was granted power to administer their property in their marriage contract, Jules filed for judicial separation of property due to abuse of authority. The court approved the request and ended their absolute community. (Ibid.)

Example 2: Roberto had been living apart from Clarisse for over a year, and both admitted they had no plans of getting back together. Agreeing that it was best to go their separate ways financially, they filed a joint petition for voluntary judicial separation of property. The court approved it, and their assets were divided to reflect their new independent statuses. (Ibid.)

Example 3: Nina’s husband, Omar, had been missing for two years and was declared judicially absent. To manage her finances more securely and protect her children’s welfare, Nina presented the court’s declaration of absence and successfully obtained a judicial separation of property. Their community regime was formally dissolved. (Ibid.)