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2 Marriage Certificates (both Valid sa NSO).

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1 2 Marriage Certificates (both Valid sa NSO). on Mon Jan 11, 2016 12:10 am

Mcolsch


Arresto Menor
Hi, I need legal advice.
My cousin "JR" married "Maria" almost 6 years ago (2010). Maria is older (10 yrs) with kids. JR is never married and for years he believed that Maria was not married until recently when both are having problem, after few months Maria arrived from Saudi (to meet her ex). Maria came back from Saudi Arabia and she want JR to step out of "her" house which they both built (it was Maria who has bigger contribution in building that house but JR was in-charge of design & oversee construction (he work as F&B manager in Baguio).
JR and Maria have 2 kids, one is 3.5 years old and one is 1 year old, both under JR's family name.

Recently, we all came to know that first marriage of Maria is valid but JR managed to get their NSO marriage certificate too. This is what happened, Maria faked her Cenomar, ordered from Manila, paid 12 thousand pesos. Their wedding was in Sison, Pangasinan. They submitted document which unfortunately it was not checked by the municipality if it's authentic.
Maria wanted to sell "her" house. My cousin left with nothing, he is now paying debt of Maria at the cooperative because JR was the signatory.
I want to ask, what is JR's right/part to the house if ever it's sold? Is it considered conjugal? Maria said, JR doesn't have anything to do with that house (property is hers from her parents).
Also, what is the procedure for JR to file annulment? Or is it called annulment? How long will it take? Every legal advice you'll provide is appreciated.
Thank you so much.

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Filia


Reclusion Perpetua
The proper action would be to file a declaration of nullity of marriage. Madali lang improve yan. Marriage certificate lang prior marriage ang important dyan. If their marriage will be nullified, the property that they have acquired during the existence of their marriage will be divided by the 2 of them pro rata, meaning according to their share in the acquisition thereof. If Maria get to sell the house, JR may file a case in court for the annulment of sale.

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Filia


Reclusion Perpetua
The proper action would be to file a declaration of nullity of marriage. Madali lang i-prove yan. Marriage certificate lang ng prior marriage ang important dyan. If their marriage will be nullified, the property that they have acquired during the existence of their marriage will be divided by the 2 of them pro rata, meaning according to their share in the acquisition thereof. If Maria gets to sell the house, JR may file a case in court for the annulment of sale.

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