Text of the provision

Art. 140. The separation of property shall not prejudice the rights previously acquired by creditors.

(194a)

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 is the creditor-protection backstop for the whole chapter. A separation of property — whether voluntary or for cause — cannot wipe out rights that creditors already held before it happened.

A creditor who could reach the community or partnership, or a particular property, keeps that right despite the new regime. Together with the notice rules in Article 136 and the registration required by Article 139, it ensures spouses cannot use a separation of property to defeat the people they already owed.

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.