Required Spousal Consent, A100(2) Family Code
Art. 100. The separation in fact between husband and wife shall not affect the regime of absolute community except that:
x x x
(2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary proceeding; x x x
1) If a husband and wife are merely separated in practice (meaning they live apart without legal separation), their joint ownership of property under the absolute community regime still stays in effect. However, in cases where the law normally requires one spouse to give permission for the other to carry out certain transactions — such as selling or mortgaging shared property — but they are no longer living together, then court approval must be secured instead. This is done through a simplified legal process to ensure oversight and protect the interest of the absent or non-consenting spouse. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 5 May 2025])
Example 1: Rina wanted to sell a car that she and her husband Victor co-owned under absolute community. Since Victor had moved out and they were no longer living together, she could not simply act on her own. Because his legal consent was needed, she filed a request for court authorization through a summary proceeding to proceed with the sale. (Ibid.)
Example 2: Carlos, who had been living apart from his wife Mira for over a year, decided to lease out a jointly owned farm. But because the law required Mira’s consent and she refused to engage, Carlos had to ask the court for permission through a fast-track legal process to legally complete the lease agreement. (Ibid.)
Example 3: Mariel discovered a lucrative offer to sell her and her estranged husband Don’s beach property. Don had left their home long ago and refused to talk. Since his consent was legally needed for the sale, Mariel had no choice but to seek judicial approval in a summary proceeding to finalize the deal. (Ibid.)
