Text of the provision

Art. 138. After dissolution of the absolute community or of the conjugal partnership, the provisions on complete separation of property shall apply.

(191a)

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

This answers the obvious next question: once the shared regime is dissolved and liquidated, what governs the spouses' property going forward? The answer is the regime of complete separation of property.

From then on, each spouse owns, manages and disposes of their own property independently, under the rules found in the following articles. The marriage continues; only the property relationship has changed to one of full separateness.

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.