Navigating the transfer of a Condominium Certificate of Title (CCT) in the Philippines is complex enough under normal circumstances. However, when the title bears annotations of Legal Separation and one spouse has since passed away, the process enters a specialized intersection of the Family Code and the Law on Succession.

Understanding how these legal layers interact is crucial for heirs or buyers to ensure a clean transfer of ownership.

1. The Effect of Legal Separation on Property

In the Philippines, a Decree of Legal Separation does not dissolve the marriage bond, but it does dissolve the Absolute Community of Property (ACP) or the Conjugal Partnership of Gains (CPG).

Liquidation of Assets: Upon the finality of the decree, the common properties are liquidated. Ideally, the court order should specify how the condo was partitioned.
The Annotation: The Register of Deeds (RD) annotates the decree on the CCT to put the world on notice that the spouses' property regime has been terminated and that specific restrictions (like the forfeiture of the guilty spouse’s share in the profits) may apply.

2. The Impact of a Spouse’s Death

When a legally separated spouse dies, the "separation" remains, but the "succession" begins. Even if they were legally separated, the surviving spouse may still inherit unless they were the "guilty spouse" in the legal separation case.

Article 63 of the Family Code: The decree of legal separation entitles the innocent spouse to inherit from the deceased spouse via intestate succession. However, the guilty spouse is disqualified from inheriting from the innocent spouse by operation of law.
Status of the Condo: If the condo was still held in co-ownership (i.e., it wasn't physically partitioned or sold after the legal separation), the deceased spouse’s share now forms part of their estate.

3. Key Ownership Issues and Complications

A. The Forfeiture Clause

If the deceased was the "guilty spouse," their share in the net profits of the conjugal property may have been forfeited in favor of the common children (or the innocent spouse). This must be verified in the court's dispositive portion of the Legal Separation decree.

B. The Need for Extrajudicial Settlement (EJS)

To transfer the title, the heirs must execute an Extrajudicial Settlement of Estate.

If the condo was listed as "Spouses A and B," the EJS must reflect that the marriage was legally separated and that the deceased's share is now being distributed to the heirs.
If there is a will, Judicial Settlement (Probate) is required.

C. Clearing the Annotations

The RD will not issue a "clean" title to the new owner (e.g., an heir or a buyer) unless the following are presented:

Court Order: Finality of the Decree of Legal Separation.
Death Certificate: Duly authenticated by the Philippine Statistics Authority (PSA).
Proof of Partition: Documentation showing how the condo was allocated during the liquidation of the property regime.

4. Steps to Transfer the Title

Determine the Shares: Review the Decree of Legal Separation to see if the condo was awarded to one spouse or remained in co-ownership.
Estate Tax Compliance: Pay the Estate Tax to the Bureau of Internal Revenue (BIR). Note that the BIR will require the Decree of Legal Separation to determine the correct "Gross Estate" of the deceased.
Obtain the CAR: Secure the Certificate Authorizing Registration (CAR) from the BIR. This is the "green light" for the Register of Deeds.
Settle Local Taxes: Pay the Transfer Tax at the City Treasurer’s Office and secure a Tax Clearance.
Registration at the RD: Submit the EJS, the CAR, the old CCT, and the Court Decree to the Register of Deeds for the issuance of a new title.

5. Summary Table: Rights to the Condo

Scenario	Innocent Surviving Spouse	Guilty Surviving Spouse
Succession Rights	Retains right to inherit from the deceased.	Disqualified from inheriting from the deceased.
Property Share	Keeps their 50% + inheritance from the other 50%.	Keeps their 50% (minus forfeited profits).
Title Transfer	Can transfer to their name via EJS.	Can only claim their liquidated share; heirs of the innocent spouse take the rest.

Important Note: If the legal separation was never "liquidated" (the assets were never actually split), the property is legally treated as a co-ownership between the estate of the deceased and the surviving spouse.

Would you like me to draft a checklist of the specific documents required by the Register of Deeds for this type of complicated transfer?