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Purchasing Property and Applying for Loan without Spouse Signature

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Southseapearl13


Arresto Menor
I purchased a property and would now like to apply for a housing loan to finance the remaining balance. What can I do to process these without obtaining my husband's signature. We have been separated for more than 15 years and do not know his whereabouts. He is no longer in the Philippines. Aside from annulment, which takes at least a year, what are my options?

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tsi ming choi


Reclusion Perpetua
Go to RTC that has territorial jurisdiction of the purchased property and seek an authority from that court or power to encumbrance or dispose such property.

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karl rove


Reclusion Perpetua
may I add: The property I suppose was acquired during the marriage, right? So, it becomes conjugal or absolute community but you are right to acquire property.

when you say "separated" were you legslly separated or separated only in fact????

If you do not know his current whereaabouts, then he an absentee spouse, I suppose as you alleged.

Now, did you try locating him/finding him all throughout this years from his last known location, either thru letters just ascertain his whereabouts.

Meron kasing civil law provision about absences ng isang asawa o yung hindi mo na nalaman simula nung umalis sya dahil sya ay isang seaman o naka sakay sa eroplano during his last voyage??

you must consider this circumstances.

Now, if you thinking about annulment (expensive) as you say, there is another way to cut marriage relationship base on your allegations, southseapearl(nasa hawaii ka ba o nasa chain of islands in the pacific, joke)

thanks.

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mdventura


Reclusion Temporal
Southseapearl13 wrote:I purchased a property and would now like to apply for a housing loan to finance the remaining balance. What can I do to process these without obtaining my husband's signature. We have been separated for more than 15 years and do not know his whereabouts. He is no longer in the Philippines. Aside from annulment, which takes at least a year, what are my options?

Other option is to claim presumption of death if he is nowhere to find. So you can take a loan without him signing it.

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