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Conjugal Property Issue...

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1 Conjugal Property Issue... on Sun May 01, 2011 11:16 pm

forever_ink8


Arresto Menor
Good day atty,

I am a 33 yrs old guy with a small business here in Laguna and a daughter of 9yrs old and son 7yrs old, my wife left me and abandoned us 4years ago, but I have no legal action yet to be filled against her. Ask ko lang po, if ever po ba na mag branch out ako ng business ko at still nakapangalan po ito sa akin, may habol po ba ang dati kong asawa na sa ngayon ay nasa piling na ng ibang lalaki? Plan ko din po kasi mag acquire ng house and lot para sa amin ng mga bata, mahirap po kasi baka pag nalaman nya na mejo may pera na ako at may konting assets eh maghabol siya at angkinin ang lahat ng mga pinag paguran ko. Ano po kaya ang pwede kong gawin? Thanks po and God Bless...

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2 Re: Conjugal Property Issue... on Mon May 02, 2011 7:13 pm

attyLLL


moderator
all your properties will be considered conjugal. you can file a petition for separation of property to avoid that.


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3 Re: Conjugal Property Issue... on Mon May 02, 2011 10:08 pm

forever_ink8


Arresto Menor
attyLLL wrote:all your properties will be considered conjugal. you can file a petition for separation of property to avoid that.

Copy po atty. Thanks for the good reply. Dapat po pala makapag file na kasi I believe in due time eh magkakaharap kami sa korte dahil may plan din ako for annulment case... Another thing po atty, as for now may kinakasama na po ako at may anak na po kami, can I still file an adultery case for my ex-wife or annulment na lang po kaya? My son is near to 7years old and my daughter is 10 years old. Thanks po ulit and God bless...

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4 Re: Conjugal Property Issue... on Tue May 03, 2011 10:15 am

attyLLL


moderator
yes, you can still file an adultery case if you have the evidence, but what would be the point? an annulment case is possible if there is a valid ground : http://www.pinoylawyer.org/t4792-grounds-for-annulment


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5 Re: Conjugal Property Issue... on Thu May 05, 2011 3:45 pm

mailman


Arresto Menor
Good day po sa lahat..

My question related to the topic, may right po ba na ibenta ng wife ang isang property na nakapangalan lang sa kanya dahil nasa abroad yung husband nung binili nya such as CAR. pero yung husband nagbabayad kada buwan hanggang ma fully paid ito...

and if in case wala sya right na ibenta ito...ano po pwedi habol nang husband?

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6 Re: Conjugal Property Issue... on Thu May 05, 2011 4:00 pm

Assuming that the property regime is absolute community of property, anything acquired during the marriage is presumed conjugal unless otherwise proven to be owned exclusively by one spouse.

Properties of spouses cannot be sold out out by either spouse without the consent of the other.

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7 Re: Conjugal Property Issue... on Sat May 07, 2011 12:40 am

cjheart23


Arresto Menor
my parents are legally married. they bought our house in 1986 but on the title of the property is under my mothers name because my father is in abroad that time. My mom died in 1997. In 2004 my father bought 2 property in his name with the civil status of married on the title of the property, knowing that he already a widowed. in 2008,he retired from his job in abroad and came home with his living partner,which he decided to let the woman stay in our house with her 3 kids. Now he wants to sell all those properties, for him to move to another place with that woman and kids. My question is, do we have a right on those properties not to sell it? or do we have a share if ever it will be sold?

hoping for you answer.. thank you..

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8 Re: Conjugal Property Issue... on Sat May 07, 2011 2:44 am

The house bought in 1996 while your mother is still alive belongs to the community property of both of your parents. Hence, you have an inchoate right over the said house as an expected compulsory heir.

There is death of one spouse here, thus, the following applies:

If a spouse dies, how is the community property liquidated?

Upon the termination of the marriage by death, the community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property either judicially or extra-judicially within six months from the death of the deceased spouse.

What happens if the foregoing procedure in the immediately preceding paragraph is not carried out?

If the procedure on liquidation, as outlined above, is not followed: (a) any disposition or encumbrance involving community property by the surviving spouse shall be void; and (b) any subsequent marriage shall be governed by the mandatory regime of complete separation of property.

If no settlement of estate, the disposition of the house bought in 1996 is void and the subsequent acquisition after the death of your parents shall be governed by complete separation of property.

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9 Re: Conjugal Property Issue... on Mon May 09, 2011 10:45 pm

forever_ink8


Arresto Menor
attyLLL wrote:yes, you can still file an adultery case if you have the evidence, but what would be the point? an annulment case is possible if there is a valid ground : http://www.pinoylawyer.org/t4792-grounds-for-annulment

Good day atty. mula po nung iniwan nya kmi that was Jan of 2009, wala na po kaming narinig tungkol sa kanya, kahit text or email para kamustahin ang 2 kids nya eh hindi nya magawa. Then I have a picture evidence na may sarili na syang family at nagka anak sya sa lalaking sinamahan niya and they have 3 kids puro lalaki lahat, isa rin sa mga evidence ko eh yung parang mini diary nya na nagsasabing ayaw na nya talaga sa akin. Pede na po kayang maging grounds ito for the annulment case? Kasi sa tingin ko atty, kahit na kausapin ko sya na for sample I file the case of annulment against her na wag na dumalo sa mga hearing para mapadali ang annulment nmin eh gagawin nya... Salamat po ulit atty and mabuhay po!

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10 Re: Conjugal Property Issue... on Wed May 11, 2011 12:06 am

attyLLL


moderator


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11 Re: Conjugal Property Issue... on Tue Nov 20, 2012 6:12 pm

forever_ink8


Arresto Menor
Good day attyll, follow up question ko lang po on my topic.. Separation of Property

Since ang wife ko ang nagloko at nagkahiwalay kami last 2007 at ngayon eh 2012 na at parating na si 2013 so almost 6 years na kami hiwalay (Not legally)

1. If I buy properties at lalo na ako lang ang nagpagod pra mka acquire ng assets, may makukuha po ba sya or mahahati ba ito sa amin ng dati kong wife?

2. At kung mahahati ito sa amin dalawa eh di meaning na kung ano din po yung pinagpaguran niya at meron siya eh may habol din po ako kahit wala akong kahit pisong contribution?

3. Matagal or madali lang po ba ang pag file ng Separation of Property?

4. Salamat po... God Bless



Last edited by forever_ink8 on Tue Nov 20, 2012 6:47 pm; edited 1 time in total (Reason for editing : Addition)

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12 Re: Conjugal Property Issue... on Sat Nov 24, 2012 8:18 am

attyLLL


moderator
1) yes they are still conjugal assets, unless you file for separation of property.

2) yes

3) around 6 months


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13 Re: Conjugal Property Issue... on Tue Nov 27, 2012 11:22 am

forever_ink8


Arresto Menor
A lot of thanks attylll... Now it's my time to move on, salamat po talaga...

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14 Re: Conjugal Property Issue... on Fri Jul 26, 2013 2:42 pm

joan of arc


Arresto Menor
attyLLL wrote:1) yes they are still conjugal assets, unless you file for separation of property.

2) yes

3) around 6 months


atty,

in case of abandonment by a husband dahil my kinakasama na at nag file sya ng petition for separation of property sakin. ma grant po ba agad yun ng court sa knya? ano po ung grounds ng court for that?

thanks.

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15 Re: Conjugal Property Issue... on Tue Jul 30, 2013 7:03 pm

attyLLL


moderator
it will be granted if you don't appear in court to oppose it


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cashgats


Arresto Menor
AttyLLL,

Since Parents were married in '64 prior the promulgation of the Family Code, the civil code operates in their case as to the definition of Exclusive Property and Conjugal Property.

My Dad has properties acquired through inheritance from his Parents. These properties are part of a Family Corporation, to which he has shares. Except for a 14 hectare property that they both owned, my Dad's assets are all in the Family Corp.

Does CPG include;

1. Income from the Corp Investments which includes the shares of my Dad?
2. If the agricultural land inherited from the parents were rented or sold?
3. If an affiliate corporate investment (a real estate subdivision) was made out of the corporation?

And what if those that had been sold to which my Mom were legally entitled to receive, and the monies made from those transactions had already been spent. Can my Mother, collect what was due her in the form of real properties that are still due to my father?

Are shares in a corporation (whether private or public) considered personal property that are subject to Conjugal Partnership?

Thanks,

KSG

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17 Follow up question on Fri Aug 08, 2014 10:59 am

forever_ink8


Arresto Menor
forever_ink8 wrote:A lot of thanks attylll...  Now it's my time to move on, salamat po talaga...
Good day po attyll, follow up question ko po as for today...
1. Pwede nyo po ba ako mabigyan ng idea kung magkano po ang magagastos sa buong process ng pag file "Separation of Property"?
a. 10k - 20k
b. 20k - 30k
c. 30k - 40k
2. Kailangan po ba namin ng sworn written statement na magsasabi at pumapayag na "Mula ng ikasal tayo hanggang sa ma grant ang separation of property eh wala tayong kukunin sa isa't isa, kung ano ang iyo eh iyo at kung ano ang akin eh akin lamang"? Tapos gagawin sa barangay at sila bilang witness mag sign sa statement then ipa notarized then punta na sa court to file the separation of property? At saan court po ba pwedeng i-file, kung saan po ba kami ikinasal (Manila area)or kung saan dati kami nakatira or nagsasama pa (Laguna area)? Tama po ba yung flow?
3. After court grants the separation of property, malaya na po ba ako mag acquired ng any assets na gusto kong bilhin (agad-agad), or may time frame pa na after the court grants eh 1 year pa pwede mag acquired ng assets?
4.Paano po kung alam nya na granted at may copy naman sya ng result ng case namin at naghabol pa sya, ano po ang pwede kong ikaso sa kanya?

Maraming salamat po talaga and I believe, madami din po nakakarelate sa questions ko...

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18 Re: Conjugal Property Issue... Today at 2:37 am

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