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Family Code : Article 43 Bad Faith

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1 Family Code : Article 43 Bad Faith on Fri Nov 29, 2013 1:16 am

rkgoetz


Arresto Menor

My wife of 4 years has had many boy friends and her current boy friend is rich and is helping her with her annulment. My wife is Filipino and a USA permanent resident but living in the Philippines and I am USA citizen living in the USA. I bought a house in the Philippines, car and 2 jeepneys. My wife's name is on the title of the house and my name is mentioned on the title as her husband and a USA citizen. To make a long story short, my wife wants 50% of the money when the house sells and threatens me to give me nothing if I do not agree.

Article 43 of the Philippine Family Code states the following;
The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse;


The reasons for bad faith are below;
Wife has many boy friends during our entire marriage.
Wife lies to me and the family about what she is doing and why she is doing it.
Wife runs off on a many Month 'vacation' when I leave the Philippines and Wife spends all of the money we have left in our bank account (over 100,000 PHP).
Wife spends all of the money she has, then goes back to the family house from her 'vacation' to steal Jeepney boundary money from the money safe (over 25,000 PHP).
Wife tells me she loves 'Boy Friend A' so much that her heart is calling her so Wife leaves me in 2010.
Wife tells me she has found 'true love' when she meets 'Boy Friend B' in 2013 and wants to be 'free and happy'.
'Boy Friend B' tells me it is OK for him to be with my wife since I am a 'old American guy'.
I ask Wife to leave 'Boy Friend B' while you are married and work on the Annulment and Wife says NO.
The family says tells Wife to leave 'Boy Friend B' while you are married and Wife gets mad at the family.
Wife goes to the Philippines for a four Month duration to go to college to get a certificate in Cosmology and Wife quits school so she can be with 'Boy Friend B'. I need to mention, that I paid for Wife's college and she wasted the expense by quitting school.
Wife ignores me every weekend and most days when she goes to the Philippines in July 2013. I document the days Wife ignores me.
I pay for a two-way flight from the USA to the Philippines and Wife does not fly back to the USA on October 20, 2013; more wasted money by Wife.
Wife uses the family of 'Boy Friend B' to get legal help, then Wife gets a lot more abusive in her language against me.
I want Wife to be more morally correct and Wife blasts me and informs me this is not the year 1200 and time have changed so tells me to leave Wife alone.
Wife wrote down my credit card numbers before she left the USA, then on September 3, 2013 Wife got mad at me so she used my credit cards online and tried to purchase expensive electronics (over 800 USD) at LAZADA.COM and luckily my credit card company blocked the purchase. I tried to use my credit card on the same day as Wife used my credit card and my purchase was denied so I was forced to use cash to make my purchase. I rushed home and called my credit card company to see why it was blocked. To my surprise a large purchase was made from the Philippines, but the purchase was denied.

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2 Re: Family Code : Article 43 Bad Faith on Sun Dec 01, 2013 10:09 am

attyLLL


moderator
not sure what is your question


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3 RE: Family Code 43.2 on Sun Dec 01, 2013 12:56 pm

rkgoetz


Arresto Menor

If my wife will not agree with my request for the house I guess I will need to hire a lawyer and go to court and let the judge decide. I want o use Family Code 43.2 as to my arguement for the money when the house is sold.

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4 Re: Family Code : Article 43 Bad Faith on Thu Dec 05, 2013 1:59 pm

attyLLL


moderator
as to the land, there is nothing you can recover because ph law forbids foreign ownership

as to the value of the house, i don't believe our supreme court has rendered a decision about this. if it was declared under both of your names, you may have a chance.


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