When a marriage is annulled or declared void, the couple's property regime is dissolved and liquidated. The common property is divided, generally equally, between the spouses after paying debts and obligations, and each takes back their exclusive property. If one spouse acted in bad faith, their share of the net profits of the community or conjugal property is forfeited in favor of the common children, or the innocent spouse. The children's presumptive legitime must also be delivered. For a void marriage under Article 147 or 148, special co-ownership rules on the couple's acquisitions apply instead.
Ending a marriage is also a property settlement. Many couples focus on the annulment itself and forget that the decree triggers the liquidation and division of everything they owned together. Here is how it works.
The Regime Is Dissolved and Liquidated
Once a marriage is annulled or declared void, the property regime (absolute community or conjugal partnership) is dissolved, and it must be liquidated. Liquidation means:
- Making an inventory of the community/conjugal assets and the spouses’ exclusive property;
- Paying the debts and obligations of the community/partnership from the common assets;
- Returning to each spouse their exclusive (separate) property; and
- Dividing the net remainder between the spouses.
Absent bad faith, the net community or conjugal assets are divided equally between the spouses.
The Effect of Bad Faith
The law penalizes a spouse who acted in bad faith. Where one spouse is in bad faith (for example, they knew of the ground that nullifies the marriage), their share of the net profits of the community or conjugal partnership is forfeited — in favor of the common children, or, if none, the innocent spouse. So a bad-faith spouse can lose their share of what the marriage gained, though generally not their own capital. In a bigamous or otherwise void marriage under Article 147/148, similar bad-faith forfeitures apply to the guilty party’s share.
The Children’s Presumptive Legitime
A distinctive requirement: upon annulment or nullity, the presumptive legitimes of the common children must be delivered. The children’s legitime is computed and set aside for them, protecting their future inheritance even as the parents part. This must be recorded in the appropriate civil registry and registry of property.
Void Marriages: Articles 147 and 148
For marriages that are void (not merely annullable), the property is governed not by the absolute community/conjugal rules but by the special co-ownership provisions:
- Article 147 — applies to a man and woman capacitated to marry each other who live together as husband and wife (or under a void marriage). Their wages and salaries are owned in equal shares, and property acquired through their work or industry is governed by co-ownership, with a presumption of equal sharing; and
- Article 148 — applies where the parties are not capacitated to marry (for instance, an adulterous relationship). Only property acquired by both through their actual joint contribution is owned in common, in proportion to their contributions.
These rules matter greatly for void marriages, because they determine what each party keeps.
Practical Advice
- Treat annulment as a property settlement too — prepare an inventory of assets and debts and understand your regime.
- If your spouse acted in bad faith, their share of the net profits may be forfeited to the children or to you.
- Ensure the children’s presumptive legitime is delivered, and, for a void marriage, apply the correct Article 147 or 148 rules.
Frequently Asked Questions
How is property divided after an annulment? The property regime is dissolved and liquidated: debts are paid, each spouse takes back exclusive property, and the net community or conjugal assets are divided, generally equally, absent bad faith.
What happens if a spouse acted in bad faith? A bad-faith spouse's share of the net profits of the community or conjugal partnership is forfeited in favor of the common children, or the innocent spouse if there are no children.
What is the children's presumptive legitime? The portion computed and set aside for the common children upon annulment or nullity, protecting their future inheritance. It must be delivered and recorded in the appropriate registries.
What rules apply for a void marriage? The special co-ownership rules of Articles 147 and 148 apply, not the community or conjugal rules. Article 147 presumes equal sharing for a capacitated couple, while Article 148 shares only property from actual joint contributions.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you are ending a marriage and need the property divided correctly, our firm can handle the liquidation. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.