Introduction

In the Philippines, the dissolution of a marital relationship—whether through legal separation, annulment, or declaration of nullity—often raises complex questions about property division, particularly when it involves co-owned assets like condominiums. Unlike many jurisdictions, the Philippines does not recognize absolute divorce for Filipino citizens (except in cases involving Muslim Filipinos under the Code of Muslim Personal Laws or foreigners married to Filipinos under certain conditions). Instead, couples may pursue legal separation under Article 55 of the Family Code, which allows for separation of bed and board without dissolving the marriage bond, or seek annulment/declaration of nullity to void the marriage ab initio.

Condominiums, as a form of real property, are governed by Republic Act No. 4726 (the Condominium Act), which regulates their ownership, management, and disposition. When a condominium unit is co-owned by spouses, its status post-separation depends on the property regime governing the marriage—typically the Absolute Community of Property (ACP) or Conjugal Partnership of Gains (CPG)—and the circumstances of acquisition. This article explores the legal framework for co-ownership of condominiums after separation, the rights of co-owners to claim their share, available remedies, and practical considerations, all within the Philippine legal context.

Marital Property Regimes and Condominium Ownership

Under the Family Code of the Philippines (Executive Order No. 209, as amended), marriages solemnized after August 3, 1988, are generally governed by the Absolute Community of Property unless a prenuptial agreement specifies otherwise. In ACP, all properties acquired by the spouses before or during the marriage form part of the community property, excluding those explicitly excluded (e.g., properties acquired by gratuitous title). For marriages before that date, the Conjugal Partnership of Gains applies, where only properties acquired onerously during the marriage are conjugal.

A condominium unit purchased during the marriage is presumed to be community or conjugal property unless proven otherwise (e.g., bought with exclusive funds of one spouse). Title may be registered in both spouses' names, indicating co-ownership, or in one spouse's name, but this does not negate the other's interest if it's marital property.

The Condominium Act defines a condominium as an interest in real property consisting of separate interest in a unit plus an undivided interest in common areas. Co-ownership in this context means each spouse holds an equal, undivided share in the unit and common elements, subject to the Master Deed and Declaration of Restrictions.

Upon separation, the property regime is terminated. In legal separation, the ACP or CPG is dissolved, and the net assets are liquidated and divided equally between the spouses (Article 102 for ACP; Article 129 for CPG). For annulment or nullity, the regime is also terminated, with division based on contributions or equal shares, depending on the ground (e.g., in nullity due to psychological incapacity under Article 36, division follows ACP/CPG rules).

Effects of Separation on Co-Ownership

Legal separation does not dissolve the marriage but separates the spouses in terms of property and cohabitation. The court decree will include provisions for property division. If the condominium is community/conjugal property:

Dissolution and Liquidation: The court orders the liquidation of the community or conjugal assets. The condominium's value is appraised, debts deducted, and the net proceeds divided equally (unless bad faith by one spouse leads to forfeiture under Articles 43, 50, or 63 of the Family Code).
Continued Co-Ownership: If not immediately liquidated, the spouses remain co-owners. However, this can lead to disputes over use, maintenance, and disposition. One spouse may occupy the unit (often the innocent spouse or the one with custody of children), but the other retains ownership rights.

In annulment or nullity cases, the property is divided similarly, but if the marriage is void ab initio, properties are treated as co-owned under ordinary civil law principles (Articles 147-148 of the Family Code for void marriages or cohabitation without marriage).

Claiming Your Share: Rights and Remedies

Yes, a separated spouse can claim their share in a co-owned condominium, but the process involves judicial intervention and depends on the stage of separation proceedings.

1. During Separation Proceedings

Provisional Orders: The court may issue provisional measures under Article 61 of the Family Code, such as support pendente lite or administration of property. One spouse might be granted exclusive use of the condominium, but ownership remains joint.
Inventory and Appraisal: An inventory of all properties, including the condominium, is prepared. The unit's fair market value is determined by a court-appointed appraiser, considering factors like location, size, condition, and market trends.

2. Post-Decree Liquidation

Partition: Under Article 496 of the Civil Code, any co-owner may demand partition of the thing owned in common. For a condominium, partition can be:
- Physical Division: Rarely feasible for a single unit, as it would violate the Condominium Act's integrity requirements.
- Sale and Division of Proceeds: The preferred method. The court may order the sale of the unit (public auction or private sale) and divide the proceeds equally after deducting liens, mortgages, or association dues.
Buy-Out Option: One spouse may buy the other's share at appraised value, subject to court approval. This avoids forced sale and preserves the asset for children or the occupying spouse.
Assignment in Lieu of Cash: The court may assign the condominium to one spouse as their share, with the other receiving equivalent value from other assets.

3. Enforcement Mechanisms

Writ of Execution: If a spouse refuses to comply with the division order, the court can issue a writ to enforce sale or transfer.
Registration with Registry of Deeds: Any transfer or partition must be annotated on the Condominium Certificate of Title (CCT) under the Property Registration Decree (PD 1529). The Condominium Corporation must be notified, as it manages common areas.
Tax Implications: Capital Gains Tax (6% on selling price or zonal value, whichever higher) and Documentary Stamp Tax apply to sales. BIR clearance is required for title transfer.

4. Special Considerations for Condominiums

Common Areas and Dues: Co-owners are jointly liable for association dues and assessments (Section 20, RA 4726). Post-separation, the occupying spouse typically pays, but the other may be reimbursed proportionally upon liquidation.
Mortgage or Encumbrances: If the unit is mortgaged, the debt is deducted from the community assets. The court may order one spouse to assume the mortgage.
Third-Party Rights: If the condominium was acquired with third-party involvement (e.g., co-signed loan), their rights must be respected.
Children’s Interests: Under Article 102(4), the court prioritizes the welfare of minor children, potentially awarding the family home (if the condominium qualifies) to the spouse with custody, with the other receiving compensation.

Challenges and Disputes

Disputes often arise over valuation, exclusive possession, or one spouse's refusal to sell. Remedies include:

Motion for Execution: To compel compliance.
Contempt Proceedings: For willful disobedience.
Separate Civil Action: If separation decree is silent on the property, a separate partition suit under Rule 69 of the Rules of Court may be filed.

Prescription does not run between spouses during marriage, but post-separation, actions for partition are imprescriptible as long as co-ownership exists (Article 494, Civil Code).

Case Law Insights

Philippine jurisprudence emphasizes equitable division. In Valdes v. RTC (G.R. No. 122749, 1996), the Supreme Court clarified that in nullity cases, property division follows ACP rules unless bad faith is proven. In Mallilin v. Jamesolamin (G.R. No. 192685, 2013), the Court upheld partition rights in co-owned properties post-separation. For condominiums specifically, cases like Chua v. CA (G.R. No. 119255, 1999) highlight the indivisibility of units and preference for sale over physical division.

Practical Advice

Consult a Lawyer: Engage a family law specialist early to protect rights.
Document Everything: Keep records of payments, improvements, and communications.
Mediation: Consider alternative dispute resolution under the Family Code to avoid protracted litigation.
Financial Planning: Assess tax and maintenance costs before claiming a share.

In summary, while co-ownership persists after separation, Philippine law provides clear mechanisms to claim and realize one's share in a condominium through judicial liquidation and partition. The process ensures fairness but requires patience and legal guidance to navigate effectively.