Text of the provision
Art. 126. 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.
(175a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
The conjugal partnership of gains comes to an end in exactly four situations:
- Death of either spouse;
- A decree of legal separation;
- The marriage being annulled or declared void; or
- Judicial separation of property during the marriage (Articles 134 to 138).
Termination does not by itself divide the property — it triggers liquidation, the accounting process by which assets and reimbursements are settled and the net profits split. This list mirrors Article 99 for the absolute community.
Related provisions
- Article 99 — the parallel termination rule for the absolute community.
- Article 129 — the procedure for liquidating the conjugal partnership.
Cases interpreting this article
- Authorities on Article 126 will be added here as each is verified against primary sources.