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Conjugal Property question

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1 Conjugal Property question on Tue Aug 09, 2016 3:20 am

Pia P. U.

Arresto Menor
Good morning po.
I wanted to seek advise on conjugal property please.

My husband and i are on an agreed separation right now. We have not filed for a Legal Separation. The agreement we have is that he will be alone to "find himself" and to stop his abusive behavior towards me. Not even a month has passed. We have both agreed that he moves out and he is now living in an apartment which he signed a contract for a year, complete with advance and down payment.

He is now asking me if he can be the one to stay in our condo, which we are still paying for, and says that he will pay the equivalent of the money i have shelled out for it. The property is both under our names.

His text message, verbatim: Pag maghihiwalay na tayo, pakiusap ko na lang na ako na lang titira sa marikina. Bayaran na lang kita sa nilabas mo na pera. Wala na kase ako tutuluyan if ever. Tsaka sa condo ko na din binuhos the last of my creative juices. Sana pag bigayn mo ako.

I do not want to let go of my rights to the condo since it is also my home.

I am also thinking of filing RA 9262 against him on the grounds of Psychological Violence, i.e. repeated verbal abuse, intimidation, mental infidelity (emotional infidelity). But i am still considering it kase po ayoko naman po syang makulong considering the evidences of his abuse and infidelity that i have collected over the past several months.

What is my defense if i do not want to give up my rights to the condo and i want to live there without filing for RA 9262?

Your advise is much appreciated.

Thank you po.

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