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voluntary judicial separation of property queries

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Arresto Menor
situation: i have several real state properties (some titled, some ongoing amortizations) before i married my wife. my wife have zero properties.

queries:

1. just to clarify, voluntary judicial separation of property means that properties brought by either the wife or husband into the marriage will then be their exclusive ownership, inclusive of ongoing amortizations, right?

2. is it possible that after the judicial separation of property approval, wife and husband can still buy new properties as co-owners, that is in the deeds of sale both names are included?

3. what if i would like to acquire properties on my own after the separation of property granted, will the law recognize my exclusive ownership?

4. what are the steps for filing voluntary judicial separation?

5. how long does it take?

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Jadis

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Reclusion Perpetua
1. That will depend on what you agree upon. Usually what happens in voluntary judicial separation is agreement of the parties which property will go to which spouse. It follows that the corresponding burdens or liens on that property will be the sole obligation of the spouse it goes to.

2. What is the point of getting a judicial separation if you will want some properties to be under a co-ownership? That will just confuse the creditors of the community property, if any.

3. That is the effect of a decree of separation of property;

4. Hire a lawyer to file a petition. You might have to list down your creditors and what not;

5. There is no exact period of time for such a petition to finish.

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3 Separation of property on Fri Sep 15, 2017 1:18 pm

Bryan Arabe


Arresto Menor
Hi Im filing annulment. we both agree that our properties (personal) hindi na hatiin pa like bank accounts since we have separate accounts for our salaries, lupa etc... ano po pwede gawin para hndi na hatiin pa, is it ok na wag na lng mag declare nang kahit anong properties during application?

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Jadis

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Ask a lawyer.

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Arresto Menor
Jadis, thanks for your anwers very informative.
If I may, i'd like to have follow-up queries;

1. Since the whole process takes very long, what if after having submitted the petition and the process is ongoing, one of the spouse would like to cancel the filed petition but the other party would like to pursue, which party does the law favors in this case?

2. during filing in a lawyer, does the petitioner need his spouse to be present? does the spouse also need to sign in the petition?

3. what is the reason why the spouse of the petitioner is subpoena by the court? what if the spouse changed his mind and want to retract the petition?

4. can you please give me an indication how does the court computes the filing fee? is this a certain percentage of the total amount of properties?

thanks

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Jadis

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1. The petition will be dismissed because both spouses have to JOINTLY file. Voluntary nga eh.

2. The petition has to be filed by BOTH spouses. If only one spouse files for judicial separation of property under any of the grounds in Art. 135 of the Family Code.

3. ? You keep repeating the same question.

4. Call the Office of the Clerk of Court where you intend to file they can properly answer your question.

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