This is general information for the Philippine setting under the Family Code. It isn’t a substitute for tailored legal advice.

1) Absolute Community of Property (ACP) in a nutshell

What it is. For most marriages celebrated on or after August 3, 1988 (and with no contrary marriage settlement), the default property regime is the Absolute Community of Property (ACP). In ACP, as a rule, everything either spouse owns at the time of marriage and everything acquired thereafter (with specific exceptions below) forms part of one pool called the community.

What is not community property. Even under ACP, the following are exclusive to a spouse and do not go into the community:

Property acquired by gratuitous title (donation/inheritance) unless the donor/testator expressly provides it shall form part of the community
Property for personal and exclusive use (except jewelry, which is community)
Property excluded by marriage settlements (if any, and validly executed)

Fruits/income. As a rule, fruits, rents, dividends, and professional earnings produced during the marriage are community, even if derived from an exclusive asset (unless the exclusion is validly stipulated by donor/testator or in a marriage settlement).

2) “Separated for years but still married”: what that means for ACP

Separation in fact ≠ dissolution. A long separation without a court decree (no annulment/nullity, no legal separation, no judicial separation of property) does not dissolve the ACP. The community continues to exist until legally terminated.

Acquisitions during separation. Property acquired by either spouse during the separation in fact is presumptively community (subject to the usual exclusions above). Mere separation does not convert earnings into separate property.

Administration while separated. Administration of the ACP belongs to both spouses jointly. Dispositions or encumbrances of community property require the written consent of both (or, if one spouse is incapacitated/absent/unreasonably withholds consent, prior court authorization). A unilateral sale or mortgage of community real property without the other spouse’s written consent is generally void as to the non-consenting spouse, and susceptible to being set aside.

Support and family expenses continue. Each spouse remains solidarily liable for family expenses and obligations that legally bind the community (see “Claims against the ACP” below), even if they are living apart.

3) How the ACP ends (and what happens next)

The ACP is legally dissolved only by:

Death of a spouse
Nullity/Annulment of marriage (final judgment)
Decree of Legal Separation (final)
Judicial Separation of Property (JSP) (final)
Conversion to complete separation of property by valid marriage settlements (rare mid-marriage, and requires court oversight)

Upon dissolution, there is liquidation: inventory, payment of community obligations, delivery/return of exclusive properties, computation of net remainder, then equal split (subject to statutory forfeitures in limited cases, e.g., in legal separation where the guilty spouse’s share in the net profits may be forfeited in favor of common children or the innocent spouse).

Key point: A long separation alone does not trigger dissolution or liquidation. Without a court decree, the ACP remains intact.

4) Judicial Separation of Property (JSP): the tool for long separations

What it is. JSP is a court process that keeps the marriage intact but separates the patrimony, converting the regime from ACP to separate property going forward.

Typical grounds (illustrative, not exhaustive):

Abandonment or a spouse’s failure to comply with family obligations (e.g., persistent refusal to support)
Separation in fact where community property is at risk of loss, fraud, or mismanagement
A spouse is judicially declared absent, is under civil interdiction, or there are other circumstances showing that joint administration is impracticable or prejudicial

What JSP does and doesn’t do.

It ends the ACP from the effectivity of the decree forward; the court then liquidates the ACP as of that point.
It does not retroactively make previously acquired community assets “separate.”
After JSP, each spouse owns and administers his/her own property, and future earnings are not pooled.

Procedure snapshot.

File in the Family Court where you (or your spouse) reside.
Petition alleges ground(s) and the risk/harm to the community; the court may appoint a receiver or issue interim measures to safeguard assets.
After hearing, the court issues a decree and directs inventory and liquidation of the ACP.

5) Claims against the Absolute Community

A. What debts/obligations the ACP answers for (typical categories):

Support of the family (food, housing, education, medical)
Debts and taxes on community property
Expenses to preserve/repair community assets
Professional or business obligations of either spouse if incurred for the benefit of the family or with the other spouse’s consent
Antenuptial debts of a spouse that benefited the community
Litigation expenses incurred to benefit or protect the family/community
Donations made by the spouses jointly for charity or on occasions of family rejoicing/mourning (reasonable, not excessive)

Order of liability: Generally, community assets answer first for community obligations. If those are insufficient and the obligation is personal, the creditor may proceed against the exclusive property of the debtor-spouse, with rights of reimbursement between spouses as applicable.

B. What the ACP is not liable for (unless it benefited):

Purely personal debts of a spouse (e.g., gambling losses; fines/penalties arising from a spouse’s crime)
Extravagant or illicit expenses (no community benefit)
Donations of community property without the other spouse’s consent (beyond customary/reasonable gifts)

C. Dealing with third parties (buyers, lenders, creditors):

Consent rule. Disposition/encumbrance of community real property requires the written consent of both spouses or court authorization. Absence of such consent typically renders the transaction void as to the non-consenting spouse.
Good faith of buyer does not cure lack of spousal consent; the safer route is spousal consent or court leave.
Creditors can demand payment from the community only to the extent the debt is a community liability. If a spouse signed alone for a purely personal loan, the creditor’s primary recourse is that spouse’s exclusive property (and any community benefit must be proved to reach community assets).

6) Long separation scenarios: how rights and claims play out

1) Spouse A buys property during separation, titled only in A’s name. Presumption: community property (unless clearly excluded—e.g., acquired by gratuitous title or proven to be purchased entirely with an excluded asset’s proceeds that remain excluded by law). Title in one name doesn’t defeat the community presumption.

2) Spouse A sells community land without Spouse B’s written consent. The sale is generally void as to B (and susceptible to annulment/ineffectivity). A buyer’s recourse is typically against A, not the non-consenting spouse.

3) Spouse A starts a business while separated; takes a bank loan. Profits and assets acquired remain community unless a JSP decree is in place. The loan binds the community only if the bank can show community benefit or B’s consent (or court authorization). Otherwise, it is A’s personal obligation (with possible reimbursement claims if any benefit did reach the family/community).

4) Spouse A abandons the family and cohabits with another. Mere abandonment does not dissolve the ACP. The proper remedy for the left-behind spouse is to seek JSP (to stop further pooling and to secure exclusive administration going forward) and, where applicable, receivership or injunctions to prevent asset dissipation.

5) Tax, utilities, and school fees continue unpaid during separation. These are typically community obligations; creditors can pursue community assets, and potentially either spouse solidarily to enforce payment, depending on the nature of the debt. Internal reimbursement/settlement happens in the liquidation.

7) Evidence, presumptions, and practical proof

Presumption of community. Property acquired during the marriage is presumed community; the spouse alleging exclusivity bears the burden of proof.
Paper trail matters. Keep titles, deeds, donation/testamentary documents, bank records, proof of funds (e.g., pre-marriage savings), and receipts to support exclusions or reimbursement claims.
Annotation helps. For exclusive assets received by donation/testamentary succession, ensure the instrument expressly states exclusion if that is intended.
Business interests. Shares/partnership interests acquired during marriage are presumptively community; dividends are community income unless lawfully excluded.

8) Liquidation and accounting when the ACP finally ends

Steps (simplified):

Inventory: identify community vs. exclusive assets/debts
Valuation: as of dissolution date (death/decree date)
Payment of community obligations (taxes, debts, support arrears, etc.)
Reimbursement: settle advances or expenditures made by a spouse from exclusive funds for the community (and vice versa)
Net remainder: equal division between spouses (or heirs), subject to any statutory forfeitures (e.g., in legal separation against the guilty spouse’s share in profits, in favor of common children or innocent spouse)

Timing matters. Rights are measured as of the date of dissolution (e.g., date of death or date the decree becomes final). Property acquired after dissolution is separate.

9) Strategic options for a spouse after a long separation

Seek Judicial Separation of Property. Stop future pooling, secure exclusive administration going forward, and protect against further exposure to the other spouse’s acts.
Ask for interim remedies. Receivership, injunction, sequestration to prevent waste or unlawful transfers.
Challenge void dispositions. If the other spouse sold/mortgaged community real property without consent, explore annulment/ineffectivity actions.
Document community benefit. For disputed debts, build/contest the record on benefit to the family to align liability with the law.
Calibrate settlements. In some cases, a voluntary partition after dissolution (or a judicially supervised liquidation) minimizes litigation risk and clarifies creditor recourse.

10) Frequently asked quick answers

“We’ve lived apart for 10+ years. Are my new earnings still community?” Yes—until the ACP is legally dissolved (death/nullity/annulment/legal separation) or converted via JSP.
“Can the bank go after the house for my spouse’s personal loan?” Only if the loan is a community obligation (benefited the family/was consented to). Otherwise, the bank pursues the debtor-spouse, not the community—though facts matter.
“Title is solely in my spouse’s name—do I have rights?” Yes. Titles don’t control; acquisitions during marriage are presumed community unless validly excluded.
“My spouse sold land without telling me.” If it’s community property, lack of your written consent (and no court authorization) generally makes the disposition void as to you.
“Can I keep my future assets separate without ending the marriage?” Yes—petition for Judicial Separation of Property.

11) Takeaways

Separation in fact does not end ACP.
Consent (or court leave) is mandatory for dispositions of community real property.
Community answers for community debts; personal debts remain personal, absent benefit to the family.
Judicial Separation of Property is the principal remedy to protect yourself and stop future pooling while remaining married.
Paper evidence—sources of funds, titles, consents—often decides the case.

Final note

The stakes (and factual patterns) vary widely. If you’re facing an ongoing long separation, consider a case-specific consult to map assets, risks, and the best timing for JSP or other relief.