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judicial separtion of communal property

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1 judicial separtion of communal property on Thu Jul 23, 2015 5:07 pm


Arresto Menor
im not sure if i understood it right.
what i read is that article 135 of family code can be a way out from a conjugal property to be separayed provided the premise have been fullfilled...
in my case the sec 2, 3, 4, 6 of the said art are
sec 2,4,6: ex-hubby abandoned family moved 1868km away, not contact information given, was able to serve him by getting substituted service at the court by email to get support & custody by canadian court... not give financial support until i was able to get a court order for him to give support thru govt by deducting from his account... have been separated for over 2 years... not involve with kids since..
sec 3: was able to get the sole custody order from court (Canada)

question 1: would this be a valid ground for asking judicaial separation of property even if i jave obtained my order from a foreign court?
question2: if one have the judicial separation of property, would ones ex spouse still be a forced heir if the other?
question: can we apply it from abroad? how to go about it

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Reclusion Perpetua
1. Yes, the fact that you have been separated in fact for more than 1 year, you may petition for judicial separation of property.
2. Yes. The spouse is still considered a forced or compulsory heir. One of the benefits on having a judicial separation of property is you can sell your property without the consent of the other spouse. Not until the marriage us annulled or nullified, the spouse is still a compulsory heir.

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