Title IV

PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

Chapter 6

Regime of Separation of Property

Article 143
Should the future spouses agree in the marriage settlements that their property relations during
marriage shall be governed by the regime of separation of property, the provisions of this
Chapter shall be suppletory. (212a)

Article 144
Separation of property may refer to present or future property or both. It may be total or partial.
In the latter case, the property not agreed upon as separate shall pertain to the absolute
community. (213a)

Article 145
Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate,
without need of the consent of the other. To each spouse shall belong all earnings from his or her
profession, business or industry and all fruits, natural, industrial or civil, due or received during
the marriage from his or her separate property. (214a)

Article 146
Both spouses shall bear the family expenses in proportion to their income, or, in case of
insufficiency or default thereof, to the current market value of their separate properties.

The liability of the spouses to creditors for family expenses shall, however, be solidary.
(215a)
Rules on complete separation of property regime
 The parties may agree on a total or partial separation of properties.
 The future spouses may, however, declare that certain properties be considered their
separate properties. (Arts. 92, 109, Family Code).
 If there are properties not agreed upon as separate properties, then, they are governed by
the absolute community of property.
 This is so because of the rule that in the absence of any marriage settlement or if the
agreement is void, the system of absolute community of property shall govern.

Effect if parties are governed by complete separation

Under the system of complete separation of properties between the husband and wife, the
spouses shall retain ownership and possession of their separate properties. The fruits of their
separate properties, their income from business or exercise of a profession or vocation shall
exclusively belong to them in absolute ownership. They can dispose of their properties without
the consent of one another under the principle that such disposition is an exercise of ownership.

Inspite of the spouses’ absolute ownership over their separate properties, income and
fruits of their properties, as well as income from the exercise of any profession or business, they
shall, however, bear the expenses in proportion to their income, or in case of insufficiency or
default thereof, the current market value of their separate properties.

Illustration:
Gerald and Bea are married. In their marriage settlement, they agreed on a regime of
complete separation of property. A earns P20,000.00 per month from the exercise of his
profession. B earns P10,000.00 in the exercise of her profession. The expenses of the family
shall be borne by them in the proportion of 2:1.

Reference: Family Code of the Philippines

By Judge Ed Vincent S. Albano & Co-Authors 2017 edition