Forfeiture of an Adulterous Spouse’s Share in Conjugal Property (Philippines)

This explainer is written for a Philippine audience and synthesizes the Family Code rules (and long-standing principles) on property consequences when a spouse commits sexual infidelity. It is legal information, not legal advice.

1) The legal hook: “sexual infidelity” and legal separation

In Philippine family law, adultery is treated under the broader ground of “sexual infidelity” for legal separation. When a court grants a decree of legal separation on this ground, it dissolves and liquidates the couple’s property regime (whether Absolute Community of Property (ACP) or Conjugal Partnership of Gains (CPG)). A key, automatic effect follows:

The offending spouse forfeits their share in the net profits of the community/conjugal property, in favor of the common children; if there are none, then in favor of the innocent spouse.

This forfeiture is civil in nature and happens in the family case (legal separation), not in the criminal case for adultery.

2) What exactly is forfeited?

a) Only the share in net profits is forfeited

Net profits = the remainder of the community/conjugal estate after paying all community/conjugal debts and charges.
Think of it as the final pot you would normally split 50-50 on liquidation. The guilty spouse’s would-be share of that pot is forfeited to the beneficiaries stated above.

b) What is not forfeited

The offending spouse’s exclusive or paraphernal/capital property (e.g., property owned before marriage, or acquired during marriage by gratuitous title with stipulation of exclusivity) is not taken away by this rule.
Items chargeable to the guilty spouse personally (fines, personal debts, etc.) remain their responsibility; forfeiture doesn’t shield them from liabilities.

c) Debts and losses still count

Before we talk “profits,” the estate must settle community/conjugal obligations. If the estate runs at a loss, there may be no net profits to forfeit.

3) ACP vs. CPG: does the regime change the result?

ACP (Absolute Community of Property). By default (absent a marriage settlement), almost everything acquired during the marriage is community property. Upon legal separation for sexual infidelity, the offending spouse loses their share of the net profits of that community.
CPG (Conjugal Partnership of Gains). Here, each spouse keeps their exclusive property and fruits, while the conjugal partnership receives profits/gains acquired during marriage through industry or chance. On legal separation for sexual infidelity, the offending spouse forfeits their share in the net gains at liquidation.

Functionally, the forfeiture rule works the same way: it targets the guilty spouse’s share in the net remainder after settlement of obligations.

4) Who gets the forfeited share?

Common (legitimate or legally recognized) children of both spouses share in equal portions, unless a court says otherwise for compelling reasons.
If there are no common children, the innocent spouse gets the forfeited share.

⚠️ You may see a similar “forfeiture” pattern in other Family Code contexts (e.g., bad faith in void marriages or in bigamous situations), but the priority ladder can differ. For legal separation due to sexual infidelity, the order above applies.

5) Do you need a criminal conviction for adultery?

No. The family court’s finding that a spouse is the “offending spouse” (i.e., the ground of sexual infidelity is proven in the civil legal separation case) is independent of any criminal case.

A criminal case may be filed (adultery under the Revised Penal Code), but forfeiture in property follows from the family court decree.

6) When (and how) forfeiture actually takes place

Filing & proof. The innocent spouse files for legal separation within the prescriptive period (see §8 below). They must prove sexual infidelity.
Decree. If granted, the court declares the marriage bond still existing (legal separation does not sever the bond) but dissolves the property regime.
Liquidation. The parties inventory assets and liabilities, pay community/conjugal obligations, determine net profits, and then apply the forfeiture to the guilty spouse’s putative share.
Delivery/vesting. The forfeited share is awarded to the common children (or innocent spouse if no common children), typically via the court’s liquidation orders.

7) Related collateral effects in legal separation

Alongside property forfeiture, legal separation decrees typically include:

Separation of persons (spouses may live separately).
Dissolution and liquidation of the property regime.
Possible custody orders in the best interests of the child.
Revocation of donations by reason of marriage (propter nuptias) made by the innocent to the offending spouse.
Revocation of insurance beneficiary designations in favor of the offending spouse (the innocent spouse may ask for this).
Succession disability: the offending spouse is typically disqualified from inheriting from the innocent spouse by intestacy, and donations/mortis causa advantages in their favor may be revoked or rendered ineffective.

These operate in addition to the forfeiture of net profits.

8) Practical constraints, defenses, and pitfalls

Prescription. The petition for legal separation must be filed within 5 years from the occurrence of the cause. In sexual infidelity cases, practice commonly anchors this to the last act or discovery (your counsel will strategize dates and evidence).
Bars to relief. Legal separation is denied if there is condonation (forgiveness), consent, connivance, mutual guilt, collusion, or reconciliation after the cause.
Reconciliation. If spouses reconcile before finality, proceedings are terminated; if after decree, certain effects may be modified, but property already adjudicated is not casually unwound—timing matters.
Evidence. Screenshots, messages, testimonies, and other admissible proof must meet rules on authenticity and relevance. A mere suspicion won’t carry forfeiture; courts require substantial proof.
Children’s interests. Even with forfeiture, courts may craft trust or guardianship arrangements to protect minors’ shares.
Tax. The award follows by operation of law in liquidation under a court decree; it is not a voluntary donation, so donor’s tax characterization generally does not apply. Routine taxes and fees on transfers/registrations, however, may still be payable.

9) Worked example (simplified)

Community assets (gross): ₱12,000,000
Community liabilities and liquidation costs: ₱2,000,000
Net remainder (net profits): ₱10,000,000

Ordinary split (without forfeiture): ₱5,000,000 each.

With forfeiture (offending spouse loses their share of net profits):

The ₱5,000,000 that would have gone to the guilty spouse is forfeited:
- If the spouses have two common children, the ₱5,000,000 is allocated to them equally (₱2.5M each), unless the court sets a different ratio.
- If there are no common children, the innocent spouse receives the ₱5,000,000.

Note: If some properties are exclusive to either spouse (e.g., inherited with exclusion), those don’t go into the community pot in the first place.

10) How this differs from other “forfeiture-like” rules

Void marriages with a party in bad faith (bigamy, etc.). The Family Code has a separate rule: the bad-faith party’s share in the co-ownership may be forfeited first to the common children, and if none, to that party’s prior children, and in default, to the innocent party.
Property in unions without valid marriage. Allocation often depends on proof of actual contributions (especially under provisions governing cohabitation). Those are different from the legal separation forfeiture of net profits discussed here.

11) Frequently asked questions

Q1: Can I claim forfeiture without filing legal separation? No. The forfeiture described here is an effect of legal separation (a court decree). Without it, there’s no liquidation and no forfeiture mechanism to apply.

Q2: Can I simultaneously file adultery (criminal) and legal separation (civil)? Yes, they are independent. But strategy on timing, evidence, and exposure should be discussed with counsel.

Q3: What if I already filed for nullity/annulment instead of legal separation? Different effects and property rules apply (e.g., presumptive co-ownership, bad faith rules, property return). The sexual-infidelity forfeiture of net profits is specific to legal separation.

Q4: Does the guilty spouse lose everything? No. The rule targets the share in net profits. The guilty spouse retains their exclusive property and is still subject to personal liabilities.

Q5: What if we have a prenuptial agreement? A valid prenup that opts out of ACP/CPG will control the baseline property regime. However, if the applicable regime is still a community/partnership with net profits, the Family Code forfeiture on legal separation for sexual infidelity still applies to that regime’s net remainder at liquidation.

12) Action checklist (for the innocent spouse)

Secure counsel experienced in family litigation.
Preserve evidence (digital and physical) lawfully and securely.
Map the estate: list assets, titles, bank accounts, debts.
Consider interim reliefs (support, custody, protection orders).
File timely (be mindful of the 5-year period and bars to relief).
Prepare for liquidation: appraisals, liens, and documentary transfer steps.
Plan for the children’s shares (trusts/guardianship; compliance with registration and fees).

13) Takeaway

In the Philippines, when legal separation is granted on sexual infidelity, the adulterous (offending) spouse forfeits their share of the net profits of the community or conjugal partnership. That forfeited share goes first to the common children, or, if none, to the innocent spouse. The rule is precise: it does not confiscate exclusive property, but it does decisively shift the final partition in favor of the family members the law aims to protect.

Need help applying this to your facts?

If you want, tell me (a) your property regime (ACP/CPG or prenup terms), (b) whether there are common children and their ages, and (c) a rough asset-and-debt list. I can sketch a liquidation scenario so you see how forfeiture could play out.