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Is Marriage Voidable?

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1 Is Marriage Voidable? on Tue Aug 21, 2012 12:11 pm


Arresto Menor
My mother and father got annulled on 1998. At the time of annulment, my father had two properties which was transferred to his name via deed of donation from my grandmother. This was 1997. The title was named '[Name of father] married to [Name of mother]. My mother did not know this until recently.

My father then got married again on 2007.

Question, are these 2 properties subject to Article 52 of the family code? Since my mother was not aware of the property, this was not complied with. Therefore, thru article 53, can we say that the second marriage is void? My father passed away 2 years ago.

Thank u and God bless.

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2 Re: Is Marriage Voidable? on Tue Aug 21, 2012 9:44 pm


art. 53 is only about the recording of the judgment and the distribution, so assuming it was annotated on the marriage certificate, their marriage cannot be considered void.

the properties that he received through donation are his sole property and not part of the conjugal assets

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