Short answer. Yes. Article 64 of the Family Code allows the innocent spouse to revoke donations made in favor of the offending spouse after the decree of legal separation becomes final. The right must be exercised within five years from finality, and the revocation must be recorded in the registries of property where the donated property is located.
What the law says
After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable.
Family Code, Article 64 — Revoking Donations and Insurance Designations. Read the full provision →
The right to revoke after legal separation
Article 64 of the Family Code gives the innocent spouse a specific post-decree right: After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. This right does not arise from the filing of the petition or from the initial separation — it becomes available only once the decree of legal separation has become final. Both donations of property and insurance beneficiary designations are covered.
Recording the revocation and third-party rights
The revocation of a donation under Article 64 must be formally recorded. The article requires that the revocation of the donations shall be recorded in the registries of property in the places where the properties are located. Recording serves a protective function: it gives notice to the world that the donation has been revoked. However, third-party rights that existed before recording are protected. Alienations, liens, and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property are respected. If the offending spouse transferred or mortgaged the donated property to a third person who was acting in good faith before you filed for revocation, those prior transactions stand despite your revocation.
Insurance designations and how to revoke them
Insurance beneficiary designations follow a different procedure. The article provides that the revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured. For insurance policies, you do not file with a property registry — you notify the insurer in writing. The revocation becomes effective from the time of that written notification. Article 64 expressly states that this applies even if the designation was stipulated as irrevocable, overriding any contractual clause the offending spouse might otherwise invoke to resist the change.
The five-year prescriptive period
The right to revoke a donation under Article 64 is not indefinite. Article 64 provides that the action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation become final. If you wait longer than five years after the decree becomes final, the right to revoke is lost. The clock starts running from finality of the decree — not from when you first became aware of the donation's existence or value, and not from the filing of the petition. Acting promptly after the decree becomes final is important to preserve this right.