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Does the wife have the right to transact on a property registered in the name of his husband?

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Nevin


Arresto Menor
May I ask for your legal opinion on this case:
1. A housing unit was foreclosed. It was named under the name of a husband. The husband and wife are not legally separated.
2. The wife claimed it was actually her money spent for the housing. The house is now being rented. She was surprised it was foreclosed, all the while she thought her husband was paying the monthly mortgage.
3. Believing that due process was not followed as neither the husband nor the wife received the notices, the wife now wanted to contest the foreclosure. The husband who is the registered borrower in NHA is not interested to fight for the house.
4. Questions
a. Can the wife transact for the property under the conjugal property concept? If so what are the requirements needed?
b. According to NHA the unit was already sold to the third party and there is already Certificate of Sale. May laban pa po ba ang misis?

Salamat po ng marami.

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czairinayepez


Arresto Menor
Nevin wrote:May I ask for your legal opinion on this case:
1. A housing unit was foreclosed. It was named under the name of a husband. The husband and wife are not legally separated.
2. The wife claimed it was actually her money spent for the housing. The house is now being rented. She was surprised it was foreclosed, all the while she thought her husband was paying the monthly mortgage.
3. Believing that due process was not followed as neither the husband nor the wife received the notices, the wife now wanted to contest the foreclosure. The husband who is the registered borrower in NHA is not interested to fight for the house.
4. Questions
a. Can the wife transact for the property under the conjugal property concept? If so what are the requirements needed?
b. According to NHA the unit was already sold to the third party and there is already Certificate of Sale. May laban pa po ba ang misis?

Salamat po ng marami.

gusto ko ring malaman ang kasagutan dito sana may sumagot naman.

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attyjoyce


Reclusion Perpetua
nevin,

there are a few other matters that needed to be established or clarified before one can give you a comprehensive advice (example: what do you mean by "transact for the property"?).

nevertheless, if the housing unit was acquired during the cohabitation of the husband and the wife, and as you said the spouses were denied of due process by the lack of notice, then the wife may have a cause of action against the NHA or right to redeem the property.

For more free legal information about the matter, you may visit www.domingo-law.com

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czairinayepez


Arresto Menor
interesting!

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