Voluntary separation of properties

BY THE MANILA TIMES

JUNE 06, 2014

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 DEARPAO
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 VOLUNTARY SEPARATION OF PROPERTIES

Persida Acosta
Dear PAO,
My wife and I are having heated arguments recently because of our
never-ending dispute over the management of our conjugal properties.
To resolve this matter, we have decided that we will try to separate
her properties from mine. We have no marriage settlement but we’d
like to put this new agreement of separating our properties in writing
and I’m wondering how we can formalize this because I was told that
the properties of a married couple are legally intended to be shared
with one another. Right now we realized that sharing is not the best
option for us and that is why we need and have agreed to separately
control our properties. Please advise us how we can legally go about
this.
Felix

Dear Felix,
You are correct in saying that married couples are bound to share each
other’s properties. The law dictates that in the absence of a marriage
settlement, the regime of absolute community of property shall govern
their administration of properties wherein the property of one spouse
is owned in common by the other spouse (Article 91, Family Code of
the Philippines).

However, the law also allows for the dissolution of this mode of joint
administration of properties. There are two ways that you can go about
this, either through a judicial separation of properties based on
sufficient grounds or through a voluntary separation of the absolute
community of property. In both cases, the separation of property
between spouses shall not take place unless there is a judicial order to
that effect (Article 134, Family Code of the Philippines).

The dissolution of the conjugal property through judicial separation

based on sufficient causes involves and requires the existence of
specific grounds enumerated by law under Article 135 of the Family
Code. However, for the purpose of answering your question, what
applies to your situation is the voluntary separation of properties since
you have stated that you and your wife mutually agreed for the
separation of your community properties.

For the voluntary separation of the conjugal properties, the law states
that:

“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.”
 In filing such a petition, you and your wife need not state any grounds
for it since mere agreement between the two of you is sufficient. On
the other hand, the said petition may contain the agreed manner of
division of your properties as long as it is not contrary to law and
public policy (Mel Sta. Maria, Persons And Family Relations Law,
2010). Lastly, as seen from the above cited law, while you and your
wife may file a petition for the voluntary separation of your properties,
there is a requirement to notify your creditors, if any, in recognition of
your obligations to them.

Again, we find it necessary to mention that this opinion is solely based

on the facts you have narrated and our appreciation of the same. The
opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s

Office. Questions for Chief Acosta may be sent to
dearpao@www.manilatimes.ne

Voluntary separation of properties

BY THE MANILA TIMES
JUNE 06, 2014

 HOME
 /
 LEGAL ADVICE
 /
 DEARPAO
 /
 VOLUNTARY SEPARATION OF PROPERTIES
 Persida Acosta
Dear PAO,
My wife and I are having heated arguments recently because of our
never-ending dispute over the management of our conjugal properties.
To resolve this matter, we have decided that we will try to separate
her properties from mine. We have no marriage settlement but we’d
like to put this new agreement of separating our properties in writing
and I’m wondering how we can formalize this because I was told that
the properties of a married couple are legally intended to be shared
with one another. Right now we realized that sharing is not the best
option for us and that is why we need and have agreed to separately
control our properties. Please advise us how we can legally go about
this.
Felix

Dear Felix,
You are correct in saying that married couples are bound to share each
other’s properties. The law dictates that in the absence of a marriage
settlement, the regime of absolute community of property shall govern
their administration of properties wherein the property of one spouse
is owned in common by the other spouse (Article 91, Family Code of
the Philippines).

However, the law also allows for the dissolution of this mode of joint
administration of properties. There are two ways that you can go about
this, either through a judicial separation of properties based on
sufficient grounds or through a voluntary separation of the absolute
community of property. In both cases, the separation of property
between spouses shall not take place unless there is a judicial order to
that effect (Article 134, Family Code of the Philippines).
The dissolution of the conjugal property through judicial separation
based on sufficient causes involves and requires the existence of
specific grounds enumerated by law under Article 135 of the Family
Code. However, for the purpose of answering your question, what
applies to your situation is the voluntary separation of properties since
you have stated that you and your wife mutually agreed for the
separation of your community properties.

For the voluntary separation of the conjugal properties, the law states
that:

“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.”

In filing such a petition, you and your wife need not state any grounds
for it since mere agreement between the two of you is sufficient. On
the other hand, the said petition may contain the agreed manner of
division of your properties as long as it is not contrary to law and
public policy (Mel Sta. Maria, Persons And Family Relations Law,
2010). Lastly, as seen from the above cited law, while you and your
wife may file a petition for the voluntary separation of your properties,
there is a requirement to notify your creditors, if any, in recognition of
your obligations to them.
 Again, we find it necessary to mention that this opinion is solely based
on the facts you have narrated and our appreciation of the same. The
opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s

Office. Questions for Chief Acosta may be sent to
dearpao@www.manilatimes.ne

Voluntary separation of properties

BY THE MANILA TIMES
JUNE 06, 2014

 HOME
 /
 LEGAL ADVICE
 /
 DEARPAO
 /
 VOLUNTARY SEPARATION OF PROPERTIES

Persida Acosta
Dear PAO,
My wife and I are having heated arguments recently because of our
never-ending dispute over the management of our conjugal properties.
To resolve this matter, we have decided that we will try to separate
her properties from mine. We have no marriage settlement but we’d
like to put this new agreement of separating our properties in writing
and I’m wondering how we can formalize this because I was told that
the properties of a married couple are legally intended to be shared
with one another. Right now we realized that sharing is not the best
option for us and that is why we need and have agreed to separately
control our properties. Please advise us how we can legally go about
this.
Felix

Dear Felix,
You are correct in saying that married couples are bound to share each
other’s properties. The law dictates that in the absence of a marriage
settlement, the regime of absolute community of property shall govern
their administration of properties wherein the property of one spouse
is owned in common by the other spouse (Article 91, Family Code of
the Philippines).

However, the law also allows for the dissolution of this mode of joint
administration of properties. There are two ways that you can go about
this, either through a judicial separation of properties based on
sufficient grounds or through a voluntary separation of the absolute
community of property. In both cases, the separation of property
between spouses shall not take place unless there is a judicial order to
that effect (Article 134, Family Code of the Philippines).

The dissolution of the conjugal property through judicial separation

based on sufficient causes involves and requires the existence of
specific grounds enumerated by law under Article 135 of the Family
Code. However, for the purpose of answering your question, what
applies to your situation is the voluntary separation of properties since
you have stated that you and your wife mutually agreed for the
separation of your community properties.

For the voluntary separation of the conjugal properties, the law states
that:
“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.”

In filing such a petition, you and your wife need not state any grounds
for it since mere agreement between the two of you is sufficient. On
the other hand, the said petition may contain the agreed manner of
division of your properties as long as it is not contrary to law and
public policy (Mel Sta. Maria, Persons And Family Relations Law,
2010). Lastly, as seen from the above cited law, while you and your
wife may file a petition for the voluntary separation of your properties,
there is a requirement to notify your creditors, if any, in recognition of
your obligations to them.

Again, we find it necessary to mention that this opinion is solely based

on the facts you have narrated and our appreciation of the same. The
opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s

Office. Questions for Chief Acosta may be sent to
dearpao@www.manilatimes.ne
 Voluntary separation of properties
BY THE MANILA TIMES
JUNE 06, 2014

 HOME
 /
 LEGAL ADVICE
 /
 DEARPAO
 /
 VOLUNTARY SEPARATION OF PROPERTIES

Persida Acosta
Dear PAO,
My wife and I are having heated arguments recently because of our
never-ending dispute over the management of our conjugal properties.
To resolve this matter, we have decided that we will try to separate
her properties from mine. We have no marriage settlement but we’d
like to put this new agreement of separating our properties in writing
and I’m wondering how we can formalize this because I was told that
the properties of a married couple are legally intended to be shared
with one another. Right now we realized that sharing is not the best
option for us and that is why we need and have agreed to separately
control our properties. Please advise us how we can legally go about
this.
Felix

Dear Felix,
You are correct in saying that married couples are bound to share each
other’s properties. The law dictates that in the absence of a marriage
settlement, the regime of absolute community of property shall govern
their administration of properties wherein the property of one spouse
is owned in common by the other spouse (Article 91, Family Code of
the Philippines).

However, the law also allows for the dissolution of this mode of joint
administration of properties. There are two ways that you can go about
this, either through a judicial separation of properties based on
sufficient grounds or through a voluntary separation of the absolute
community of property. In both cases, the separation of property
between spouses shall not take place unless there is a judicial order to
that effect (Article 134, Family Code of the Philippines).

The dissolution of the conjugal property through judicial separation

based on sufficient causes involves and requires the existence of
specific grounds enumerated by law under Article 135 of the Family
Code. However, for the purpose of answering your question, what
applies to your situation is the voluntary separation of properties since
you have stated that you and your wife mutually agreed for the
separation of your community properties.

For the voluntary separation of the conjugal properties, the law states
that:

“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.”
In filing such a petition, you and your wife need not state any grounds
for it since mere agreement between the two of you is sufficient. On
the other hand, the said petition may contain the agreed manner of
division of your properties as long as it is not contrary to law and
public policy (Mel Sta. Maria, Persons And Family Relations Law,
2010). Lastly, as seen from the above cited law, while you and your
wife may file a petition for the voluntary separation of your properties,
there is a requirement to notify your creditors, if any, in recognition of
your obligations to them.

Again, we find it necessary to mention that this opinion is solely based

on the facts you have narrated and our appreciation of the same. The
opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s

Office. Questions for Chief Acosta may be sent to
dearpao@www.manilatimes.ne