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Donation , inheritance in relation to conjugal property

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vp18


Arresto Menor
A guy who is a only child has earned/saved 5 million in cash through years of hard work gives that away to his parents ( the bank account name consist of his father and mothers name only and NOT an intrust for account ), in order to protect his money from being part of conjugal property in the future if and when he meets someone and gets married. . Asking for a Prenup would have been a similar option but its tough to ask for one and could be a relationship breaker as the girl or her family might be offended specially for pinoys who are sentive people .

One year later he meets a woman who he later marries , but sadly in just a few years they get legally seperated ( no kids ), While they were still married the wife came to know of his earnings that he gave to his parents before they even met . During the years they were married whenever he needed cash he just asked his parents for money which in reality but not legally (?) was his anyways . Can there be any legal basis for the wife ( now soon to be ex wife ) to claim a share of that 5 million as part of conjugal property since it can be proven that his soon to be exhusband is the one who earned that money ( via Income tax returns ) and since no prenup was signed , it should be considered conjugal property even though he earned it and gave it to his parents prior to them even meeting and getting married , since maybe a case of improper donation can be made as the amount being substantial , the son did not pay any donor /donee tax at the time he gave away his 5 M in cash to his parents. IF this would be considered improper donation,, would the penatly be just monetary fine or could such also put to question who between the parents and son is the lawful owner of the money and thus be a factor if the money should be considered conjugal property or not


In another scenario , if a man while he was still married was given an inherritance( Cash and or properties ) by his parents and years later he and his wife gets legally seperated, is the inherittance he got from his parents considered part of conjugal property ? Is there a legal way for the man and or his parents , at the time the inheritance is given to the son/man make such inheritance for the son/man only and not part of conjugal property ?


Thanks

u

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attyLLL


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let me put it this way, if property is inherited or donated during a marriage to only one spouse, then it becomes his exclusive property


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vp18


Arresto Menor
attyLLL wrote:let me put it this way, if property is inherited or donated during a marriage to only one spouse, then it becomes his exclusive property


Thank you for answering the 2nd scenario. If possible kindly clarrify also the 1st scenario on donation to parents before marriege as described above. Thanks

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attyLLL


moderator
if the wife can prove it was just a simulated donation, then she can claim it is part of the conjugal assets


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vp18


Arresto Menor
attyLLL wrote:if the wife can prove it was just a simulated donation, then she can claim it is part of the conjugal assets
But with bank secrecy law specially if it is a dollar bank deposit with the account name bearing that of the parents name only, would make it VERY tough for the wife to even convince the court to issue a court order to have such account information be brought forward by the bank as the bank does not even reconize the son as part owner of the account and the grounds (money laundering.... ) for which the court do issue court order for bank to open bank accounts are not met . In CJ Corona's case where there is good reason to expect to find corruption links vis his $ deposit , the SC would not even allow banks to talk about his $ bank accounts in the senate , more so in this case where the money was earned legally then donated by a son to his parents a year or so BEFORE the son even met the woman who he would later marry.

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