Separation of Property of the Spouses and Administration of Common Property
by One Spouse During the Marriage (Articles 134 to 142)

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Art. 134. In the absence of an in the marriage settlements, the separation of property between spouses during the marriage shall not take place except by . Such judicial separation of property may either be voluntary or for sufficient cause.

Art. 135. Any of the following shall be considered for judicial separation of property:

(1) That the spouse of the petitioner has been sentenced to a penalty which carries with it ;

(2) That the spouse of the petitioner has been ;

(3) That of the spouse of petitioner has been decreed by the court;

(4) That the spouse of the petitioner has the latter or failed to comply with his or her as provided for in Article 101;

(5) That the spouse granted the power of administration in the marriage settlements has ; and

(6) That at the time of the petition, the spouses have been separated in fact for and reconciliation is .

In the cases provided for in Numbers (1), (2) and (3), the presentation of the shall be enough basis for the grant of the decree of judicial separation of property.

Art. 136. The spouses may jointly file a verified petition with the court for the of the absolute community or the conjugal partnership of gains, and for the separation of their common properties.

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 .

Art. 137. Once the separation of property has been decreed, the absolute community or the conjugal partnership of gains shall be 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 .

Art. 138. After dissolution of the absolute community or of the conjugal partnership, the provisions on shall apply.

Art. 139. The petition for separation of property and the granting the same shall be recorded in the proper local civil registries and registries of property.

Art. 140. The separation of property shall not prejudice the rights .

Art. 141. The spouses may, in the same proceedings where separation of property was decreed, file a motion in court for a that existed between them before the separation of property in any of the following instances:

(1) When the terminates;

(2) When the reappears;

(3) When the court, being satisfied that the spouse granted the power of administration in the marriage settlements will not again abuse that power, authorizes the ;

(4) When the spouse who has left the conjugal home without a decree of legal separation resumes ;

(5) When parental authority is to the spouse previously deprived thereof;

(6) When the spouses who have separated in fact for , reconcile and resume ; or

(7) When after of the absolute community of property or conjugal partnership has been judicially decreed upon the joint petition of the spouses, they agree to the . No voluntary separation of property may thereafter be granted.

The revival of the former property regime shall be governed by Article 67.

Art. 142. The administration of may be transferred by the court to the other spouse:

(1) When one spouse becomes the guardian of the other;

(2) When one spouse is judicially declared an ;

(3) When one spouse is sentenced to a penalty which carries with it ; or

(4) When one spouse becomes a or is in hiding as an accused in a criminal case.

If the other spouse is not qualified by reason of , conflict of interest, or any other just cause, the court shall appoint to be the administrator.

Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
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