Short answer. The court decides. Under Article 61 of the Family Code, if the spouses cannot agree in writing on property administration while the legal separation case is pending, the court designates one of them or a neutral third person as administrator. That administrator's powers and duties mirror those of a guardian.
What the law says
The court, in the absence of a written agreement between the spouses, shall designate either of them or a third person to administer the absolute community or conjugal partnership property. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court.
Family Code, Article 61 — Living Apart and Property Administration During the Case. Read the full provision →
Separation of persons, not yet property
Article 61 of the Family Code establishes two immediate effects once a legal separation petition is filed. First, the spouses are entitled to live separately from each other — the physical separation is permitted from the moment the petition is filed, not only after final judgment. Second, and separately, the question of who manages the conjugal or community property during the pending case must be resolved. The law does not leave that question to chance or to whichever spouse has the keys to the family home.
Agreement first, court designation second
Article 61 gives the spouses a first option: they may enter a written agreement between themselves on who administers the property during the case. If they can agree, that agreement governs. This is the simpler route — especially if both spouses are cooperative and trust each other enough to work out an interim arrangement. Where no written agreement exists, the court steps in and exercises its discretion to designate an administrator. The court may choose either spouse or, if neither is suitable or trustworthy, a third person entirely.
What the court-appointed administrator can do
Article 61 specifies that the court-appointed administrator has the same powers and duties as those of a guardian under the Rules of Court. A guardian's powers include preserving and managing the ward's property, collecting rents and income, paying obligations, and generally exercising prudent stewardship over the assets. The administrator cannot make major dispositions — selling property, creating mortgages — without court approval, just as a guardian cannot. This framework ensures the property is protected and its value preserved for the eventual distribution upon judgment.
Why this matters for both spouses
If you are the petitioning spouse, asking the court to designate you as administrator — or asking it to appoint a neutral third person rather than your spouse — is something you can actively request and argue for at the earliest stage of the proceedings. If you believe the other spouse is dissipating assets, hiding property, or mismanaging conjugal funds during the case, that behavior can support your argument for a court-appointed third-party administrator. The court's designation protects both spouses by ensuring someone is accountable for the property's management until the legal separation decree is issued and the property is formally divided.