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Ownership. Property for donation.

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1 Ownership. Property for donation. on Fri Aug 23, 2013 11:39 am


Arresto Menor
Hi im legally married with 2 kids. Husband is working abroad whose now living with another woman. My aunt have a house and lot(with clean title on her name). The whole lot is being subdivided, 1/3 will be given to me to build me a house (the lot will be like a family compound once 2 other houses are built - 1 for another aunt, and 1 for me).

My concern is, since my legal status is still married, if my aunt would like to donate the lot(thru deed of donation), will it be a conjugal property or is it just going to be in my name?

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2 Re: Ownership. Property for donation. on Fri Aug 23, 2013 2:45 pm


Arresto Mayor
The land donated to you is your exclusive property.

Assuming you were married after August 3, 1988, all your properties and your husband shall belong to the community property of the marriage, except:

Art. 92. The following shall be excluded from the community property:
(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property;
(2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property;
(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. (201a)

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3 Re: Ownership. Property for donation. on Sat Aug 24, 2013 12:30 am


Arresto Menor
hi atty! thank u for the reply and the info.

We got married in 2002.

The land that was donated to me will me under my name right? I just want to check if its possible for me to get a loan thru PAG IBIG and make it the collateral to get me started building a house on the same lot.

And, question, will i ever have any future problems if i do that? Can the land still be taken from me if the donor wants to take the land back?

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