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My Grandfather remarried

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1 My Grandfather remarried on Fri May 27, 2011 3:56 pm

lyn1126


Arresto Menor
My grandmother died 1995 and my grandfather remarried early 2000. Ung mga properties ng lola ko (since single until married sila) ay nasa name na po ng lolo ko now.

With this, ano po ang karapatan ng 2nd wife nya against sa mga anak ng lolo ko. Lahat po ba ng properties na nakapangalan sa lolo ko ay conjungal property nila?

Thanks in advance!

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2 Re: My Grandfather remarried on Fri May 27, 2011 6:32 pm

attyLLL


moderator
if there was no liquidation of the previous conjugal assets, their properties are considered separate.

of course, that's just on paper. you have to take action to ensure that the law is enforced.


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3 Re: My Grandfather remarried on Fri May 27, 2011 6:41 pm

lyn1126


Arresto Menor
To be sure po na tama ang intindi ko, yung mga existing properties po ng lolo ko before he remarry won't be conjugal?

Nalito lang po ako kasi me mga nabasa ako sa mga thread dito na ung mga kinasal 1988 above(not so sure of the year) under new family code, will have conjugal properties po. Please enlighten me. Salamat po

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4 Re: My Grandfather remarried on Fri May 27, 2011 6:57 pm

attyLLL


moderator
Art. 130. Upon the termination of the marriage by death, the conjugal partnership 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 conjugal partnership property either judicially or extra-judicially within six months from the death of the deceased spouse. If upon the lapse of the six-month period no liquidation is made, any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be void.

Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage.


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5 Re: My Grandfather remarried on Fri May 27, 2011 7:02 pm

lyn1126


Arresto Menor
Thank you so much for the enlightenment atty. God Bless you po

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6 Re: My Grandfather remarried Today at 4:23 am

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