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selling of conjugal properties

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1 selling of conjugal properties on Thu Dec 27, 2012 5:58 pm

bunny01


Arresto Menor
Hello,

My parent's story is like this. My father had an affair with other woman thus we wanted to leave him here and go somewhere else, for he always hurt us physically everytime they had a confrontation. Almost all properties were bought after their marriage, and my mom paid it all.

Question, can my father sell the properties on his own without my mom's permission? Coz that's my mom's worry, he might sell the properties while we are away, and we can't file annulment yet due to financial reasons.

Can we ask for protection from the barangay where we are living even though we are not yet resident of it? We just wanted to rent out a apartment in the province for our safety.

I really appreciate your reply,

Thank You!

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2 Re: selling of conjugal properties on Fri Dec 28, 2012 1:12 am

adel.villafuerte


Arresto Mayor
A conjugal property cannot be sold either any of the spouses without the consent of the other, unless there is a judicial declaration authorizing him/her to do so after the separation of conjugal partnership ordered by the court.

Further, a husband's or capital property cannot be sold also without the conformity of the wife; and

Finally, and in the contrary of the preceding paragraph, a wife's paraphernal property can be sold without the conformity of her husband.



Last edited by adel.villafuerte on Wed Jan 09, 2013 12:24 am; edited 1 time in total

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3 Re: selling of conjugal properties on Fri Dec 28, 2012 1:16 am

adel.villafuerte


Arresto Mayor
Remedy: Action for ANNULMENT OF SALE AND QUIETING OF TITLE if transfered already.

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4 Re: selling of conjugal properties on Fri Dec 28, 2012 9:47 am

bunny01


Arresto Menor
Thank you for the reply. I want to know for how long can we wait before we file for an annulment? Because we wanted to go home to Cebu for our safety and save money for the court proceedings. Is there any expiration for an annulment to be valid?

What proof can we present at court for us to win the annulment case?

I am really glad that you've shared your thoughts, thank you!

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5 Re: selling of conjugal properties on Wed Jan 09, 2013 12:42 am

adel.villafuerte


Arresto Mayor
Marriage may be ANNULLED by way of a PETITION in Court (RTC) on the ground of PSYCHOLOGICAL INCAPACITY; while PETITION for NULLITY of marriage may be filed on the ground of insufficiency of the FORMAL REQUISITES of marriage and is considered voidable marriage or void ab initio marriage or void from the beginning. Petition for Annulment is harder to prove rather than Petition for Nullity of marriage. In nullity, the defects of documents itself are suffice to prove its nullification.

Annulment needs the attendance of the Psychiatrist to prove that psychological incapacity exist before and during the celebration of marriage, and it takes years (3 or more)to make it final.
Annulment is too costly from estimated minimum cost of Php 150k up.

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