Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Can an adultery case affect the rights for the community of property ?

View previous topic View next topic Go down  Message [Page 1 of 1]

Good day to you!
I'm very confused please help by giving advice..
I was married when I was 16 years old going on 17 and my husband also was 23 at that time.It was all whirlwind.. I was abducted by my husband and he threatened me to hurt some of my friends. so we run away together. I just woke up one morning and he told me that we are getting married in that very same day. everything was already arranged by my husband. I was alone in that place where our marriage took place my parents didn't know that I got married. When we got married he has already a property a land and a skeleton of the house. We had 1 son and unfortunately he is a special child but i love my son very much..I was so blinded at the time that he was a drug dependent since he was 13 yrs old. Now we are separated for 20 years now but occasionally   we visited him in his parents house and because my son cannot go there alone i need to accompany him. Recently Atty I heard that the  property of my husband was sold all the transaction was managed but  his father and his father also use most of the money on his personal interest and their family needs. They didn't inform me about the selling. I'm asking them a little amount for my sons trust fund since he will be forever  dependent to me. But they don't want to give and they just said it's up to my husband to give me cause he already a share of the selling of land, but I found out it's a very little amount now my husband deposited the money on his account and it's also and or with his father meaning he can't the money without the approval of his father. now atty. my question is can we have a little share of that money sold from the property? Just  recently I found out that our marriage was registered in the NSO and I got a copy of it.  we didn't sign any pre nuptial agreement or any marital settlements before we get married? 
we get married?  I was begging them already but they just told me I have no right for the said property cause it's already existing .. They ask me to file a case if I want cause they are just waiting. And atty they also said they will file me an adultery case since they heard that I already had somebody and they have evidences like pictures they got from the net. Can they file in behalf of my ex husband cause my husband now is not capable of doing such cause he is still under medication cause he has down syndrome which  the effect of his being drug dependent before?  I didn't get out of that marriage without a cause my life and my son's life was in danger that's why I decided to leave..
Please atty. help me..

Thank you and more power

View user profile

attyLLL


moderator
it can if the husband is able to prove adultery in a civil legal separation case. but adultery as a criminal case will not affect property relations.

a criminal charge of adultery will prosper only if it can be shown that you engaged in sexual intercourse with another man


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile
Atty. may I just ask what's the difference between an adultery in a civil legal separation case and  criminal charge? can his family file against me in his behalf?
 please atty.

Thank you

View user profile
and in addition atty? How can they prove that there's a sexual relationship? Are pictures enough?

View user profile

attyLLL


moderator
that's the toughest part. if they have nothing short of scandal vid or an eyewitness who caught you in the middle of it. or a child that resulted of it


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile
Thank you so much Atty. for your replies.I'm very enlightened...More Power and God bless Atty..

View user profile
Atty. Good day again to you.. Sorry Atty pero lubus lubusin ko na lang po sana ang questions ko..I am now planning to file a case against my x-husband atty regarding Community of property I read article 91 about it that the said transaction of the said property can be considered void if wala consent sa other spouse? But my x-husbands family  told me na ano daw pera ang habol ko eh wala  na daw? Is there anything I can do para mahabol ko kahit kunti? And in my son's case atty. Can I demand a trust fund for him from the sale of that property? my x-husband doesn't have work only that property he owns? my son is a special child atty and he will be forever dependent on me..

Please atty enlighten me..

Thank you very much..

View user profile

attyLLL


moderator
if the property was actually part of your conjugal assets, then you can file a complaint to have the sale annulled if it is still in the name of the person who purchased from him.

consider also asking for support and then filing a criminal case of economic abuse


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile
Thank you so much Atty. for the immediate response.. God Bless And  More Power to you!!

View user profile
Hi Atty. It's me again..Atty. Ask ko lang po if pano po malaman na kung yung property is part of conjugal property or community property o hindi? kasi na mention nyo po kasi last time sa sagot nyo sa query ko? if it's part of the conjugal then I can file complaint on annulment of sale?  Kasi atty sabi ng side ng x husband ko na yung property daw ay hindi conjugal kasi nabili na daw po yun ng ex husband ko before kami nagpakasal at pera ng daddy nya  ang binili non at iba pa materials? Ang nasa title po kasi pangalan lang ng x ko at nabili nya sa kakilala rin nya na ngayon ay patay na..then na transfer anf title ng property in year 1992 and ikinasal kami 1989?  Pls atty again  i need your advice..

Thank you so much.. God Bless

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum