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Separation

The document discusses judicial separation of property between spouses in the Philippines. It states that separation of property during marriage can only occur through a court order, and outlines situations that constitute sufficient cause for a court to order separation, such as abandonment or abuse. These include if one spouse has been sentenced to a penalty involving civil interdiction or declared absent. The document also discusses the process for voluntary dissolution of absolute community or conjugal partnership of gains, including notifying creditors. It notes the property will be liquidated after separation is decreed and that the absolute community or partnership remains responsible for family support during proceedings.

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Ali B
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43 views

Separation

The document discusses judicial separation of property between spouses in the Philippines. It states that separation of property during marriage can only occur through a court order, and outlines situations that constitute sufficient cause for a court to order separation, such as abandonment or abuse. These include if one spouse has been sentenced to a penalty involving civil interdiction or declared absent. The document also discusses the process for voluntary dissolution of absolute community or conjugal partnership of gains, including notifying creditors. It notes the property will be liquidated after separation is decreed and that the absolute community or partnership remains responsible for family support during proceedings.

Uploaded by

Ali B
Copyright
© © All Rights Reserved
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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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:
. That the spouse of the petitioner has been sentenced to a
penalty which carries with it civil interdiction;
. That the spouse of the petitioner has been judicially
declared an absentee;
. That loss of parental authority of the spouse of petitioner
has been decreed by the court;
. 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;
. That the spouse granted the power of administration in the
marriage settlements has abused that power; and
. 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)
Article 139
The petition for separation of property and the final
judgment granting the same shall be recorded in the
proper local civil registries and registries of property.
(193a)
Article 140
The separation of property shall not prejudice the rights
previously acquired by creditors. (194a)

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