1) Why this topic matters

In many annulment (or declaration of nullity) cases, the judgment focuses on the status of the marriage—whether it is voidable and annulled, or void from the start and declared null—while property issues are either (a) only partly discussed, (b) left for later, or (c) resolved in general terms without listing every asset. Later, one spouse discovers a bank account, land title, vehicle, business interest, receivable, or other asset that was acquired during the marriage but was not specifically included in the case records or the dispositive portion of the decision.

The key questions then become:

Is the asset still claimable as “conjugal/marital property”?
Can the annulment case be corrected or supplemented?
Or is a separate case for liquidation/partition required?

The answer depends primarily on (1) the kind of marriage case (annulment vs nullity), (2) the applicable property regime, and (3) what the judgment actually ordered about property liquidation.

2) Identify the type of case: “annulment” vs “nullity” (and why it changes property rules)

A. Annulment (voidable marriage)

A voidable marriage is valid until annulled. Because the marriage is treated as valid before the decree, the spouses generally lived under the property regime applicable to valid marriages:

Absolute Community of Property (ACP) as the default for marriages celebrated after the Family Code took effect (unless a valid marriage settlement provides otherwise), or
Conjugal Partnership of Gains (CPG) in certain situations (often for marriages celebrated under the Civil Code era or where the applicable rules lead to CPG).

When the marriage is annulled, the law requires liquidation, partition, and distribution of the property relations.

B. Declaration of Nullity (void marriage)

A void marriage is treated as void from the start. Property relations are not automatically ACP/CPG. Instead, property relations usually fall under:

Co-ownership rules for unions in fact (commonly discussed as the regimes governing property relations of parties who lived together without a valid marriage), where sharing depends on good faith, capacity to marry, and contributions.

This matters because what people casually call “conjugal property” may actually be:

ACP/CPG property (for valid/voidable marriages), or
Co-owned property under union-in-fact rules (for void marriages).

3) Determine the property regime that governed your marriage (the “map” of what is claimable)

A. Absolute Community of Property (ACP) — default for many marriages

In ACP, most properties owned by either spouse at the time of marriage and acquired thereafter become community property, with important exclusions (e.g., certain gratuitous acquisitions, personal and exclusive items, etc.). Debts and obligations may also attach to the community depending on purpose and timing.

B. Conjugal Partnership of Gains (CPG)

In CPG, properties each spouse owned before marriage remain exclusive, but the net gains acquired during marriage become conjugal. Income/fruits of exclusive property may form part of conjugal property, and the partnership is generally entitled to gains accumulated during the marriage.

C. Void marriage / union in fact property regime

Property sharing is often tied to actual contributions (money, property, industry/labor) and good faith. This can make recovery more evidence-heavy: you may need to prove contributions rather than rely on a broad presumption of community/conjugal ownership.

4) How can property be “not included” in an annulment case?

Common reasons:

Omitted disclosure: one spouse did not reveal an asset (hidden property, undisclosed account, property titled in a third party’s name, etc.).
Unknown at the time: the other spouse genuinely did not know.
Not pleaded or not proven: the asset was mentioned but not supported by documents.
General liquidation order only: the judgment ordered liquidation but did not enumerate assets.
Asset located in another place: title records held elsewhere; overseas assets; business interests.
Property in a corporation: shares not reflected as “real property,” making them easier to overlook.
Property acquired near the separation: contested as exclusive vs marital.
Property mistakenly characterized: treated as exclusive when it should have been marital (or vice versa).

5) Legal effect of omission: does “not included” mean “not claimable”?

Usually, no. An asset that is legally part of the marital property pool does not automatically stop being part of that pool just because it was not listed in the pleadings or decision.

However, omission affects procedure:

If the judgment already ordered liquidation/partition, you may be able to pursue inclusion of the omitted asset during the liquidation stage (or through motions/implementation proceedings).
If property liquidation was not undertaken at all, or if the decision is silent or incomplete on liquidation, a separate action may be needed.

The biggest practical barrier is proof:

You must prove the asset exists, its acquisition date, how it was paid, and whether it falls within ACP/CPG (or co-ownership for void marriages).

6) Two pathways after a final annulment decision: “correction in the same case” vs “separate partition/liquidation case”

Pathway 1: Remedies within the same annulment/nullity case (when appropriate)

A. During liquidation/implementation proceedings

Many decisions do not enumerate assets but require that property relations be liquidated. If liquidation is ongoing or still needs to be completed, omitted assets can be raised as part of:

Inventory, accounting, and liquidation proceedings
Approval of partition or distribution plan

When this works best:

The decision includes a directive to liquidate/partition; and
The case remains the procedural “home” for implementing those directives.

B. Motion for clarification, correction, or issuance of supplemental orders

If the decision’s property portion is ambiguous, incomplete, or needs implementation details, parties sometimes seek court action through motions asking the court to:

Clarify how property issues will be handled,
Issue orders to implement liquidation,
Recognize the need to include subsequently discovered property in inventory.

Limits: Courts are cautious about altering final judgments; they can implement and clarify, but generally cannot rewrite the substance of what has become final and immutable.

C. Motion for new trial / reconsideration / appeal (time-sensitive)

If the omission is discovered while judgment is not yet final, traditional post-judgment remedies may be available. Once final, the general rule is that a final judgment cannot be changed in substance, except for narrow exceptions (e.g., clerical errors).

Practical takeaway: If you suspect hidden property, raise it as early as possible while the case is still active.

Pathway 2: A separate action for liquidation/partition/accounting (often the main route)

If the annulment/nullity case ended without a workable liquidation process—or if a specific asset needs adjudication independent of the marital-status judgment—a spouse may file a separate civil action seeking relief such as:

Judicial liquidation of ACP/CPG, and/or
Partition of marital property or co-owned property,
Accounting and reimbursement (e.g., one spouse used marital funds to pay exclusive debt, or vice versa),
Recovery of property or reconveyance if placed in another’s name under circumstances that can be attacked (fact-dependent).

When a separate case is commonly used:

The annulment decision is final and provides no detailed liquidation mechanism,
The omitted asset is contested (existence, classification, valuation),
Third parties are involved (e.g., property titled to relatives, corporate holdings),
There are complex debts, businesses, or multiple properties to inventory.

7) “Correction” vs “Partition”: understand what you are actually asking the court to do

A. “Correction” (limited)

Correction usually makes sense only when the issue is:

A clerical mistake (typo, wrong title number, wrong technical description copied), or
An implementation detail consistent with the judgment’s intent.

If what you want is to add an omitted asset that was never adjudicated, that is not a mere correction; it is typically an inclusion in inventory during liquidation or a new adjudication in a proper proceeding.

B. “Partition” (substantive)

Partition is the process of:

Identifying the pool (inventory),
Valuing assets and liabilities,
Paying obligations/charges,
Determining net distributable property,
Dividing and transferring shares.

Partition can be:

Judicial (court-supervised; used when there is dispute), or
Extrajudicial (by agreement, usually documented; best when parties are cooperative and there are no disputes and no third-party complications).

8) What you must prove to successfully claim an omitted “conjugal/marital” asset

A. Existence and identity of the asset

Examples:

Land: title number, tax declaration, location, technical description, deed of sale.
Bank account: account details, statements, transaction history (or subpoena requests where allowed).
Vehicle: CR/OR, deed of sale, registration.
Shares: stock certificates, corporate records, SEC filings (as applicable), proof of acquisition.

B. Timing of acquisition

Was it acquired during the marriage?
If acquired before marriage, did it become part of ACP, or did it produce fruits/income relevant to CPG?

C. Source of funds and classification

Purchased using marital funds?
Paid partly with exclusive funds and partly with marital funds? (creates reimbursement issues)
Acquired gratuitously (inheritance/donation)? (often excluded from community/conjugal pool but may have nuances)

D. Possession, control, and disposition

Did one spouse sell, mortgage, donate, or transfer the asset?
Was there spousal consent required and was it obtained?
Is the transferee a third party in good faith? (affects remedies)

E. Debts and encumbrances

Mortgages, liens, unpaid taxes, business liabilities
Whether obligations are chargeable to ACP/CPG or to a spouse’s exclusive property

9) Typical remedies and outcomes when an omitted asset is proven

Depending on the facts and the regime, courts may order:

Inclusion of the asset in the inventory of community/conjugal/co-owned property.
Accounting of income, fruits, rentals, dividends.
Reimbursement:
- If community/conjugal funds benefited exclusive property, or
- If exclusive funds benefited community/conjugal property.
Equalization:
- One spouse keeps the asset but pays the other spouse their share (common with houses or businesses).
Sale and division:
- When division in kind is impractical.
Nullification/reconveyance (fact-dependent):
- If transfers to third parties are challengeable (requires proper grounds and evidence).

10) Special situations that commonly complicate omitted property claims

A. Property titled solely in one spouse’s name

Title alone does not always determine classification under ACP/CPG. But it affects proof burdens and third-party reliance.

B. Property titled in a third party’s name (relatives, “dummies”)

This often requires:

Joining the third party as a party-defendant/respondent in a separate case, and
Proving the factual/legal basis for reconveyance or inclusion (highly fact-specific).

C. Corporate shares and businesses

A business may have:

Shares acquired during marriage (potentially marital/co-owned),
Retained earnings, dividends, salaries (classification depends on regime and facts),
Valuation disputes (book value vs fair value).

D. Overseas property or foreign accounts

Enforcement and evidence gathering can be more difficult. Courts can adjudicate rights, but execution may require steps consistent with the foreign jurisdiction.

E. “Family home” issues

The family home has special protections and rules affecting alienation and execution, which may influence how partition is implemented.

F. Properties acquired after separation but before decree (annulment)

In annulment (voidable marriage), the marriage is valid until annulled. Property acquired during that period can still be implicated, though factual and legal nuances can arise depending on the nature of acquisition and the applicable regime.

11) Procedure and strategy notes (high-level, non-case-specific)

A. Start with a complete inventory and classification

Create categories:

Clearly marital/community/conjugal
Clearly exclusive
Disputed classification
Unknown/needs discovery

B. Secure documents early

Evidence tends to disappear:

bank records age out,
properties get transferred,
corporate records change.

C. Consider interim protection

In contested situations, parties sometimes pursue provisional remedies to prevent dissipation (availability and requirements depend on facts and procedural posture).

D. Watch out for third-party rights

If property has been sold or mortgaged, the remedy may shift from recovering the asset to recovering value, or challenging the transaction if legally vulnerable.

12) Prescription and timing (general considerations)

Whether a claim is time-barred depends on the nature of the action:

Partition among co-owners is generally treated as a continuing right until co-ownership is repudiated and certain conditions are met, but related claims (damages, accounting, reconveyance) can have different periods.
Claims involving fraudulent concealment, transfers, or reconveyance are highly fact-dependent.
If the issue is framed as implementation of liquidation ordered by a judgment, enforcement timelines and execution rules can matter.

Because these are technical and fact-sensitive, a cautious approach is to act promptly once the asset is discovered and to preserve evidence.

13) Practical checklist: “Is this asset still claimable and what route fits?”

Step 1: What case did you have?

Annulment (voidable) → likely ACP/CPG liquidation.
Declaration of nullity (void) → likely co-ownership-based rules.

Step 2: What did the decision/order say about property?

Ordered liquidation/partition generally → raise omitted assets in liquidation implementation or seek implementing orders.
Silent or no workable liquidation occurred → consider separate action.

Step 3: Is it a true “correction” or a new adjudication?

Wrong title number / clerical details → correction.
Newly discovered property not addressed → inventory inclusion/partition action.

Step 4: Any third parties involved?

If yes, separate action is often necessary so third parties can be impleaded and heard.

Step 5: Can you prove acquisition timing, source of funds, and classification?

If proof is weak, build the documentary trail first.

14) Common questions

“Can I claim an omitted asset even if the annulment is already final?”

Often yes, but typically through liquidation/partition proceedings rather than altering the final decree’s substance. The procedural vehicle depends on what the judgment ordered and what remains to be implemented.

“If the property is only in my ex-spouse’s name, does that mean I have no share?”

Not necessarily. Classification depends on the property regime and acquisition circumstances, not title alone.

“What if my spouse hid the asset?”

Concealment affects proof and may affect claims for accounting, reimbursement, or other relief. It can also influence how courts view disputes in liquidation, but success still hinges on evidence.

“Do I need a separate case for partition?”

Often yes when (a) liquidation was not carried out in the original case, (b) the omitted asset is strongly disputed, or (c) third parties must be included. If liquidation is already part of the annulment case’s implementation, inclusion can sometimes be pursued there.

15) Bottom line

An omitted “conjugal” (more precisely: marital/community/conjugal/co-owned) asset is not automatically lost merely because it was not listed in an annulment/nullity case. The real issues are the governing property regime, the contents of the judgment, the procedural posture, and the strength of proof. In practice, relief is usually achieved through proper liquidation and partition—either as part of implementing property directives already ordered, or through a separate judicial action where the omitted asset can be inventoried, classified, valued, and divided with due process for all affected parties.