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Would a cohabitation agreement be effective in this case?

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adomicbomb


Arresto Menor
Hey all,

Would just like to ask if a cohabitation agreement would be effective in a case like this:

A man contracted 2 marriages, in his 2nd marriage he and his 2nd wife were able to buy 3 small apartments. The 2nd wife found out that her husband is bigamous and they both agreed to sign a "Cohabitation Agreement" stating that in case they separate all 3 apartments will go to wife#2. They both sign the contract in front of the necessary lawyers.

Wife #1 arrives and files a bigamy case. she wins, and the court orders the husband's properties be given to the 1st family. The 3 apartments which the second marriage bought would now fall under the rules of cohabitation. Does this mean that since husband and wife#2 signed a cohabitation agreement that husband is left without any share of property and wife #1 has nothing to get in the end?

thanks for any advice or opinion.



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attyLLL


moderator
no, it will not fall under the rules of cohabitation because there were impediments to their getting married. only the part which is proved to be contributed by the husband will be considered conjugal.


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