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NASANGLANG LUPA W/O MY SIGNATURE. PLS HELP

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1 NASANGLANG LUPA W/O MY SIGNATURE. PLS HELP on Thu Dec 06, 2012 1:27 pm

tim11


Arresto Menor
Good day sir. Hope you can help me clear out some things. Sinangla po kasi ng asawa ko yung house and lot namin w/o my signature which tinanggap naman nung pinagsanglaan nya kahit na yung asawa ko lang ang nakapirma. Ngayon po gusto na nila rematahin ang property because hindi po naghulog ang asawa ko kahit na sya lang ang nakinabang sa money. Ask ko lang po kung malakas ang laban ko legally and in fact hindi po binayaran nung pinagsanglaan ang amilyar. Hope someone can help me. Thank you and God bless!

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Pedro Parkero


Reclusion Perpetua
oo naman. dapat signed ng mag-asawa ang transfer conjugal real property. pero alalahanin mo na ang iyong kabiyak ay may utang, ang inyong pinagsanlaan ay may habo one half ng property o share ng iyong waldas na kabiyak.

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3 Re: NASANGLANG LUPA W/O MY SIGNATURE. PLS HELP on Fri Dec 07, 2012 11:50 am

tim11


Arresto Menor
ahh ganun po ba. hiwalay na kasi kami ng asawa ko ngayon and gusto ng pinagsanglaan na ibenta na yung property tapos bibigyan nlang nila ako ng 200k kahit na 2M ang halaga ng property ko. pwede ba yun?

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Pedro Parkero


Reclusion Perpetua
pwede naman. kaya lang hindi ka nila mapipilit, kung ayaw mo. at remember sa inyong dalawa pa din dapat ang lupang yan, unless na legally annulled/separated at ang effect hinati na dapat sa inyo ni ex wife mo.

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shad_marasigan


Reclusion Perpetua
If the debt redounds to the benefit of the family, the third person creditor may have the right to claim his right.

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shad_marasigan


Reclusion Perpetua
If not, then the debt is personal to your husband as you are claiming that you did not assent to the said transaction and the family did not benefit from the fruits of the debt.

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tim11


Arresto Menor
The debt was for personal sir. She gave it to her brother and not a single penny was given to us.

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shad_marasigan


Reclusion Perpetua
In my opinion it cannot be enforced.

as a rule, the absolute community of property shall answer for the following charges and debts:

1. the support of the spouses, their common children, and legitimate children of either spouse; however, the support of illegitimate children shall be governed by the provisions of this Code on Support;
2. All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the community, or by both spouses, or by one spouse with the consent of the other;
3. Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited;
4. All taxes, liens, charges and expenses, including major or minor repairs, upon the community property;
5. All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family;
6. Expenses to enable either spouse to commence or complete a professional or vocational course, or other activity for self-improvement;
7. Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family;
8. The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self-improvement;
9. Ante-nuptial debts of either spouse other than those falling under paragraph (7) of this Article, the support of illegitimate children of either spouse, and liabilities incurred by either spouse by reason of a crime or a quasi-delict, in case of absence or insufficiency of the exclusive property of the debtor-spouse, the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the community; and
10. Expenses of litigation between the spouses unless the suit is found to be groundless.

When the debtor-spouse can pay his personal debts? It is in case of absence or insufficiency of the exclusive property of the debtor-spouse, the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the community.

the creditor should first go to the exclusive property of the debtor-spouse. If there is none, then only upon the liquidation of the community.

further both spouses shall possess joint administration and enjoyment of the community property. in case of disagreement, the husband’s decision shall prevail subject to proper recourse by the wife to the courts for proper remedy. this action on the part of the latter must be commenced within 5 years from the date of the contract implementing such. one of the spouses may assume sole administration and exercise powers of administration if the other spouse is incapacitated or is unable to participate in the administration of the property. such power does not confer to the administrator the authority to dispose or encumber the properties administered unless allowed to by the court or consented to by the other spouse. In the absence of such consent, the disposition or encumbrance shall be considered void but the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third party that may still be perfected upon the acceptance by the other spouse or upon authorization of the court. Neither spouse may donate any community property without the consent of the other except in the case of moderate donations for charity or on occasion of family rejoicing or family distress.

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tim11


Arresto Menor
thank you so much for posting that sir. ngayon malinaw na sakin. thank you and god bless.

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10 Re: NASANGLANG LUPA W/O MY SIGNATURE. PLS HELP on Mon Dec 10, 2012 4:21 pm

attyLLL


moderator
tim, note that it is considered a continuing offer. you should act quickly and make it known that you do not give your consent.


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