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can the 1st wife claim for conjugal property

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1 can the 1st wife claim for conjugal property on Tue May 24, 2011 2:52 pm

marchell


Arresto Menor
atty,
Good day! I dnt know how to say this, but this is the situation. My husband was secretly married 1st to this woman in 2002,but they have not lived together as husband and wife and they dnt have any children. Due to some misunderstandings,they ended their relationship,and the woman got married with another man in the following year 2003 in a church wedding. I met him (her 1st husband now my husband) in the year 2005 and decided to get civil marriage by a mayor in the year 2006. His previous wife now has 2 children with her current husband, and we had also 2 children. My husband is a seaman, and we are blessed enough to have invested some properties. Now my question is, can his previous wife has the right to claim her part under conjugal property, even if this properties were toiled after she has abandoned their marriage by marrying someone else? They both have not filed an annulment case yet on their marriage. I am worried, that all my effort in acquiring and investing in properties in our name as husband and wife will be partly given to his previous wife in accordance with the law in conjugal property? Please help me atty, im confused on this. What shall I do?

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rollie002


Arresto Mayor
you are saying that your husband and his former wife are validly married, therefore their property regime is absolute community of property under the family code if no property regime was stipulated. it means that all the properties owned by the husband and his wife(the 1st) and acquired thereafter form part of the community property. the properties acquired by you and your husband now is governed by co-ownership. to put it simply, the properties you and your husband acquired will be divided based the contributions between the two. for example, if you acquired a property worth 1M, and you contributed 700k and 300k from your husband, the 700k is yours and the 300k form part of the community property of your husband and his 1st wife. i hope it enlightened you somehow.

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marchell


Arresto Menor
thank you so much for your reply atty..
they do not have any property during the time of their marriage atty, since their relationship as husband and wife, ended only for 2months,according to my husband. My problem now, is that, we have recently acquired a new house and lot atty, can his previous wife also has the right of the newly acquired property? It was acquired partly thru pag-ibig financing under my husband's name as the borrower.. If it will be fully paid already atty, would it be possible if we will make a deed of donation of the said property to our minor age children?

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attyLLL


moderator
if he donates it, it will require his wife's consent. if the property is just in his name, then it is purely conjugal property.


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marchell


Arresto Menor
regardless of when the property was acquired atty?

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attyLLL


moderator
while they are not together, they are still considered married.


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