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Partition of community Property

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1 Partition of community Property on Fri Jun 27, 2014 8:32 pm


Arresto Menor
With thanks for all answers given to my previous queries concerning different subjects related to my divorce.

My questions regarding the above mentioned topic are as follows:

I am filing divorce in my own country  It has been a one sided request since my wife did not cooperate and did not sign the request for divorce and/or partition of our community property. I pursue the divorce since I have legitimate reasons.
In the above mentioned case the Court in my country will rule in favour of my request, however partition will not be processed; it means there will be still community property.

She said before, that if I wanted to have my rights I had to go to court in the Philippines . She also said that what ever the court rules she has no cash since she will buy a lot and condominium and build another house for the business.  
In fact she recently bought already a condominium in her son's name and that purchase is financed also with money belonging to me.

What can I do here in the Philippines to obtain my rights if any?
What are my chances referring to her reaction before?
Longterm costly processing but no garantee?

I want to include the assets in the Netherlands as well.  I need to protect the assets in my country. e.g.
If I cannot get my rights here, she still can go to Holland to claim her rights and  at the same time conceal the assets in the Philippines.
In that case I loose here and in my country.

My wish is that we will have a decent partition but I am afraid that will be a dream since she refuses any cooperation

My lawyer advised me to file for legal separation to safeguard my rights but if I analyse that answer it seems not to be very useful since my foreign divorce will be recognised here. And aside from that how does this safeguard my rights here.

Requesting advise on this matter since the value of the assets and income there of are substantial both here and in my country

Thank you in advance


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