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Sale of conjugal property over objection of wife

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Arresto Menor
Spouse Husband and Wife wanted to sell their house. They found a prospective buyer, Ray. They agreed on a price of 2million Php. Ray sent Wife a letter confirming his intention to buy the property. Ray prepared a deed of sale. However, Wife was not able to sign because she was abroad. On her return, she refuse to sign saying she changed her mind.
- what can Ray do?

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Arresto Menor
Guys please help Smile

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Arresto Mayor
In answering your question, I am assuming that the spouses are governed by absolute community of property regime and that the real estate is a communal property or if conjugal partnership of gains that the property is conjugal.

Under the Family Code (Art. 96 & 124), the administration and enjoyment of the community property or the conjugal partnership shall belong to both spouses jointly.

In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision.

In case the spouses would like to dispose or encumber their communal or conjugal property, both must consent.  In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.

It would have been nice if Ray was able to secure first a signed Contract to Sell when both spouses earlier agreed that they will be selling their real estate property to Ray prior to the overseas travel of the wife, then things could have been different.

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