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Could property be frozen if bigamy is filed?

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1 Could property be frozen if bigamy is filed? on Thu Oct 27, 2011 9:56 pm

adomicbomb


Arresto Menor
Hey attorneys,

I would just like to ask, lets say wife #2 and husband bought 3 small apartments. Then wife #1 discovers she has something to gain and files a bigamy case against husband whom she had not seen for several decades for the sake of the property. Would the court order the freeze of the 3 apartments under the name of wife #2 and husband from being sold or do you need a court decision proving bigamy and voided marriage first before you can freeze the second marriage's properties?

As I recall, you can only freeze properties if they are the main subject in the case, like government corruption or ill-gotten wealth. But In bigamy isn't the main subject marriages? so would any property owned by the second family immediately be frozen upon complaint or only upon decision at the end of the whole bigamy case?

Thank you!

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attyLLL


moderator
there has to be a separate civil case filed to do that.


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adomicbomb


Arresto Menor
Could the separate civil case be filed simultaneously with the bigamy case attorney? or only after a resolution of the bigamy case?

How could it be filed at the same time attorney if bigamy is not yet proven and is still being heard in court.

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attyLLL


moderator
simultaneous. criminal liability is focus of the crim case.


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adomicbomb


Arresto Menor
What if in the civil case, court decides husband owns 15% of the second marriage's properties. And consequently that 15% is what would be forfeited to wife #1.

However in the Bigamy case (a separate case), wife #1 loses and fails to prove there has been bigamy in the second marriage.

Would this render the verdict of the civil suit useless? since the criminal court decides bigamy was not committed?

thanks attorney.

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attyLLL


moderator
no, cases have different objectives and basis for decision. did the wife file a criminal case?


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adomicbomb


Arresto Menor
No, no one has filed anything yet.

What is intriguing to me is that I can't understand how wife #1 can file a civil case simultaneously with a bigamy case asking for a judicial separation of property between wife #2 and husband when there has yet to be a verdict annulling the marriage of wife #2.

Wouldn't a court decision declaring the marriage of wife #2 to be null and void be a needed prerequisite for wife #1 to file a civil suit for property in the first place? Because there would be absolutely no basis to divide the property of wife #2 and husband when in the end bigamy could not be proven in a criminal case. Anyone can accuse anyone of bigamy, but it would be another if they can actually prove it in court.

If a criminal case of bigamy and a civil suit of property settlement be filed at the same time, wouldn't each other's verdict contradict each other attorney?

Thank you very much.

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adomicbomb


Arresto Menor
In a colorful example you could surmise the following argument:

"Si Cynthia and Ronaldo ay kasal, ngunit biglang sumulpot is Maya.. na sinasabing unang asawa siya ni ronaldo. Si Cynthia ay may 3 apartment na nasa pangalan niya. Gusto itong kunin ni Maya.

Para makuha ito, nag file si Maya ng bigamy. Simultaneouly, nag-file din si Maya ng civil case para mahati na yung properties sa pagitan ni Cynthia at Ronaldo para makuha ni Maya ang share ni Ronaldo (art. 148). Pero pano makakapag-file ng civil case si Maya eh hindi pa naman napapawalang-bisa ang kasal nila Cynthia at Ronaldo? Papaano kung nagsisinungaling lang pala si Maya? Hindi ba dapat hintayin muna ang desisyon ng korte na nagpapawalang-bisa ng kasal bago makipag-agawan si Maya kay Cynthia?"

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