Short answer. Yes. Article 126 of the Family Code provides that the conjugal partnership terminates when the marriage is annulled or declared void. A court declaration of nullity ends the property relationship just as annulment does, and the partnership assets must then be liquidated and divided.
What the law says
The conjugal partnership terminates: (1) Upon the death of either spouse; (2) When there is a decree of legal separation; (3) When the marriage is annulled or declared void; or (4) In case of judicial separation of property during the marriage under Articles 134 to 138.
Family Code, Article 126 — When the Conjugal Partnership Terminates. Read the full provision →
The four events that end the conjugal partnership
Article 126 of the Family Code lists exactly when the conjugal partnership of gains terminates. There are four events: the death of either spouse; a decree of legal separation; annulment or declaration of void marriage; and judicial separation of property during the marriage. The list is exhaustive — the conjugal partnership does not dissolve for any other reason. Among these four, item 3 directly addresses your situation: whether the marriage is merely annulled or actually declared void, the conjugal partnership ends in both cases.
Void marriage and annulment treated the same for this purpose
The distinction between a void marriage and a voidable one that is annulled matters in many legal contexts, but not for the purpose of terminating the conjugal partnership. Article 126 uses both words — annulled or declared void — side by side, treating them as parallel triggers. Once the court renders a judgment declaring the marriage void, the conjugal partnership terminates at the same moment. The property held in common can no longer accrue from that point.
What happens after termination
Termination of the conjugal partnership does not immediately mean the property is divided. Liquidation must follow. During liquidation, the conjugal assets and debts are identified, the net assets are computed, and each spouse receives their share. In void marriages, the rules on how to divide the property differ from those in annulled marriages — the applicable provisions depend on whether the parties were in good faith and on the specific ground for the nullity. The parties or their lawyers must navigate the liquidation process, which may require court approval.
Judicial separation during the marriage as an alternative
Item 4 of Article 126 adds a route to ending the conjugal partnership that does not require the marriage itself to end: judicial separation of property during a subsisting marriage. Under Article 134, such separation requires a court order and may be voluntary or based on sufficient cause. This means spouses who want to separate their financial affairs without ending their marriage can petition for this remedy. But this is an active judicial proceeding — property does not separate automatically just because the spouses are estranged. A lawyer can explain the requirements and the grounds available.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Belinda Alexander vs. Spouses Jorge and Hilaria Escalona and Reygan Escalona, G.R. No. 256141, July 19, 2022 — read the decision on LawPhil →
- Sps. Julieta B. Carlos and Fernando P. Carlos vs. Juan Cruz Tolentino, G.R. No. 234533, June 27, 2018 — read the decision on LawPhil →