Short answer. No, not in that same case. Family Code Article 240 requires damage claims between spouses, apart from the costs of the proceeding itself, to be litigated only in a separate action. A spousal-consent petition can resolve the consent question, but any claim for damages has to be filed on its own.
What the law says
Claims for damages by either spouse, except costs of the proceedings, may be litigated only in a separate action.
Family Code, Article 240 — Damage Claims Are Litigated Separately. Read the full provision →
The petition and the damages claim are kept apart
Article 240 draws a firm line: “claims for damages by either spouse … may be litigated only in a separate action.” A spousal-consent proceeding is designed to answer one narrow question quickly — whether the transaction can go forward without, or despite, the other spouse's consent. Folding a damages claim into that same case would slow it down and turn a summary proceeding into a fuller trial, which is exactly what the article is built to prevent.
The only exception is costs of the proceeding
The statute is precise about the one thing it does allow to be resolved in the consent case itself: “except costs of the proceedings.” That is a narrow carve-out for the expenses of litigating the petition, not a broader allowance for damages arising from the underlying dispute between spouses. Beyond costs, whatever you believe you are owed because of your spouse's conduct has to be pursued through its own case.
Applies whichever spouse is claiming
The rule is not one-sided. Article 240 says damages claims by “either spouse” belong in a separate action, so it does not matter whether it is the petitioner or the spouse withholding consent who believes they have been harmed and wants compensation. Neither can use the pending consent petition as the vehicle for that claim; both are directed to the same separate proceeding if they want to pursue it.
The rule fits the kind of case this is. A petition of this sort is decided under the Family Code's summary procedure: Article 246 lets the court resolve it on affidavits and documentary evidence, and Article 247 makes the judgment immediately final and executory. A damages claim, which needs proof of fault and of loss, does not belong in a proceeding built to move that quickly.
What this means for how you plan the case
If you are pursuing a spousal-consent petition and also believe you have a genuine claim for damages against your spouse, treat these as two distinct matters from the start, because the law will not let them merge into one. Getting the consent question resolved does not resolve, or forfeit, a damages claim — it simply leaves that claim to be raised, and proven, in whatever separate action you choose to bring.
Be careful about what the separate action must still establish. Article 240 says where a damages claim is litigated; it does not say the claim is a good one, and it creates no entitlement to compensation merely because consent was withheld and a court later authorised the transaction. The separate case has to stand on its own facts. Keep the record of the consent proceeding, since what was alleged and proved there is often the starting point for the second case.