Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

judicial separtion of communal property

View previous topic View next topic Go down  Message [Page 1 of 1]

1 judicial separtion of communal property on Thu Jul 23, 2015 5:07 pm

cantthinkofanyname


Arresto Menor
im not sure if i understood it right.
what i read is that article 135 of family code can be a way out from a conjugal property to be separayed provided the premise have been fullfilled...
in my case the sec 2, 3, 4, 6 of the said art are
applicable...
sec 2,4,6: ex-hubby abandoned family moved 1868km away, not contact information given, was able to serve him by getting substituted service at the court by email to get support & custody by canadian court... not give financial support until i was able to get a court order for him to give support thru govt by deducting from his account... have been separated for over 2 years... not involve with kids since..
sec 3: was able to get the sole custody order from court (Canada)

question 1: would this be a valid ground for asking judicaial separation of property even if i jave obtained my order from a foreign court?
question2: if one have the judicial separation of property, would ones ex spouse still be a forced heir if the other?
question: can we apply it from abroad? how to go about it

View user profile

Filia


Reclusion Perpetua
1. Yes, the fact that you have been separated in fact for more than 1 year, you may petition for judicial separation of property.
2. Yes. The spouse is still considered a forced or compulsory heir. One of the benefits on having a judicial separation of property is you can sell your property without the consent of the other spouse. Not until the marriage us annulled or nullified, the spouse is still a compulsory heir.

View user profile

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum