Text of the provision
Art. 130. Upon the termination of the marriage by death, the conjugal partnership property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the conjugal partnership property either judicially or extra-judicially within six months from the death of the deceased spouse.
If upon the lapse of the six-month period no liquidation is made, any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage.
(n)
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
When a marriage ends by death, the conjugal partnership is liquidated inside the estate settlement of the deceased. If no estate proceeding is opened, the surviving spouse must liquidate — judicially or extra-judicially — within six months of the death.
Two hard consequences enforce the deadline. First, once the six months lapse without liquidation, any sale or mortgage of the conjugal property is VOID. Second, a surviving spouse who remarries without liquidating is placed under a mandatory complete separation of property in the new marriage. The rule protects the heirs of the first marriage; it is the conjugal-partnership twin of Article 103.
Related provisions
- Article 103 — the identical six-month rule for the absolute community.
- Article 129 — the general liquidation procedure.
Cases interpreting this article
- Authorities on Article 130 will be added here as each is verified against primary sources.