Short answer. No. Article 107 of the Family Code applies the same no-waiver rule to the conjugal partnership of gains that governs the absolute community. A spouse cannot waive rights or shares in conjugal property during the marriage except through judicial separation of property ordered by a court.
What the law says
The rules provided in Articles 88 and 89 shall also apply to conjugal partnership of gains.
Family Code, Article 107 — CPG: Commencement and No-Waiver Rules Apply. Read the full provision →
How Article 107 ties into the no-waiver rule
Article 107 of the Family Code is a bridge provision: it applies to the conjugal partnership of gains the same rules that govern the absolute community under Articles 88 and 89. The no-waiver rule in Article 89 is thus equally binding on couples under the conjugal partnership regime. During an ongoing marriage, a spouse simply cannot execute a waiver of their share in conjugal property — not by private agreement, not by deed, and not by any informal understanding between the spouses.
The only exceptions: judicial separation or dissolution
Article 89, which Article 107 imports into the conjugal partnership regime, permits waiver in two situations. The first is judicial separation of property — a court proceeding where the marriage continues but the spouses' property is separated by judicial order. The second arises when the marriage itself is dissolved or annulled. In either case, the waiver must appear in a public instrument (a notarized document) and must be recorded in the civil registry. A waiver that skips these formalities, even after dissolution, does not bind third parties and may be set aside.
Creditors can challenge a waiver
Even a valid waiver — one executed after judicial separation, dissolution, or annulment and properly notarized and recorded — is not immune from attack. Under Article 89, creditors of the waiving spouse may petition the court to rescind the waiver to the extent needed to cover their claims. This prevents a spouse from using a purported waiver of conjugal property as a device to place assets beyond the reach of legitimate creditors.
Why this matters practically
Couples in conflict sometimes believe that one spouse can simply sign a waiver or a quitclaim over their share of conjugal property to resolve a dispute without going to court. The Family Code prohibits this during the marriage. Any such document is legally void, regardless of the language used. The conjugal partnership continues intact until it is properly dissolved — through death, annulment, legal separation with property separation, or judicial separation of property. If you need to reorganize how property is held between spouses, the proper procedure involves a court and cannot be bypassed by private agreement alone.
Related provisions
- Family Code, Article 107 — CPG: Commencement and No-Waiver Rules Apply
- Family Code, Article 89 — No Waiver During the Marriage