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SPA???what will happen if I let my husband sign it?

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mary miranda


Arresto Menor
HI I'm married but separated for five years now. My ex husband has a new partner and living together in one house with their kid. I am planning to avail a house in Cavite thru Pag-ibig, my big problem is, my status is married, almost all documents need the signature of my husband including the SPA. I've already read the SPA which have contents that he is only giving me the authority to transact in his behalf. It is also stated there that he was one who is purchasing the house and not me as a principal borrower or buyer. I will the one who will pay for it, not him.

Please help me...

1. Should I Let him sign the SPA with that content just to continue getting the property?
2. Or should I let him sign it but with the waiver that he has no rights to that property?
3. What is the best thing to do in order to still avail the house using my Pagibig membership!

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attyLLL


moderator
the legal consequence of either 1 or 2 is that it still become conjugal property. the waiver will be illegal. if he honors it, fine, but if not, then he can claim his share.

if the risks are acceptable to you, then just sign the SPA. ask that the contract be in the name of the SPOUSE or you, married to him. although it doesn't really matter.

you can also file a petition for judicial separation of property so that he will not have a share.


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mary miranda


Arresto Menor
thanks for the reply! God bless!!!!

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mary miranda


Arresto Menor
is there any possibilities to change the content of Special Power of Attorney? like indicating only that he is allowing me to sign documents on his behalf?

and can i have an idea on how much will i need to prepare for the judicial separation of property?

Thank you so much for the help![i]

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attyLLL


moderator
yes, he can issue that SPA so you can sign on his behalf, but note that this will not affect the property shares.

legal costs depend on which lawyer you retain.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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