Revival of Property Regime (or Adoption of Another) in Legal Separation: Philippines

The property relations between the spouses is one of the main issues in a petition for legal separation (see Procedure / Steps in Legal Separation Cases). In case the petition is granted, the court orders the liquidation of the property regime between the spouse.

Revival of Property Regime or Adoption of Another in Legal Separation in the Philippines

The parties may still reconcile notwithstanding the grant of a petition for legal separation (see Reconciliation of the Spouses in Legal Separation Cases). In case of reconciliation, the parties shall file a verified motion for revival of regime of property relations or the adoption of another regime of property relations in the same proceeding for legal separation attaching to said motion their agreement for the approval of the court. [See the separation discussions on property regimes during marriage: (a) Absolute Community of Property; (b) Conjugal Partnership of Gains; and (c) Separation of Property]

The agreement which shall be verified shall specify the following:

  • (1) The properties to be contributed to the restored or new regime;
  • (2) Those to be retained as separate properties of each spouse; and
  • (3) The names of all their known creditors, their addresses, and the amounts owing to each.

The creditors shall be furnished with copies of the motion and the agreement.

The court shall require the spouses to cause the publication of their verified motion for two consecutive weeks in a newspaper of general circulation.

After due hearing, and the court decides to grant the motion, it shall issue an order directing the parties to record the order in the proper registries of property within thirty days from receipt of a copy of the order and submit proof of compliance within the same period.


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