Complete Separation of Property During Marriage

The default property relations between the spouses, as provided in the Family Code, is absolute community of property. Nevertheless, the future spouses may, in a marriage settlement, agree upon other regime, including the conjugal partnership of gains and complete separation of property. The regime of complete separation of property during marriage does not apply when the marriage settlement is not valid, as when it was not executed before marriage or is void for any reason. 


As provided in the Family Code, 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.


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. 


The contribution of each spouse to family expenses may be provided in the prenuptial agreement. In the absence of such provision in the prenuptial agreement, 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 liabilities of the spouses to creditors for family expenses shall, however, be solidary. 

P&L Law

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