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Can a Bigamous couple sell property during their cohabitation?

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adomicbomb


Arresto Menor
Let's say Husband and Wife #2 owns a parcel of land, title'd in wife's name with husband as "married to." They sell that parcel of land to a buyer. Buyer pays the amount in full and successfully transfers the TCT to his name.

Is this sale legitimate? Does a bigamous couple have the right to sell property they acquired during their cohabitation and sold during their cohabitation if both sign the deed of absolute sale?

Would wife #1 have any remaining claim to the property sold to the innocent buyer once husband dies?

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stellar isadore


Arresto Menor
pls pakisagot po ng tanong ni adomicbomb... i have a similar problem regarding my father naman na we just found out namatay napala 5 years ago... legally kasal sila ng mother ko.. and lived separately due to misunderstandings when i was over a year old...and now i am 26... we went to his place in bulacan to see him after 25 long years.. un nga found out he's dead 5 years ago.. and that may kinasama xa and nagpakasal daw sila...may inampon din silang batang babae.. and i dunno what i have to do...di na sana ako maghahabaol.. hiningi ko na lang ung death cert ng father ko sa kabit nya pero she hesitated... now i wanna go after all my father's left.. if there are any... pano ko po un malalaman?

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attyLLL


moderator
adobic, is this a real scenario?

stellar, answered your pm


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adomicbomb


Arresto Menor
Hi Attorney,

Very real scenario po ito, and we would immensely appreciate any advice on this matter po.

Maraming salamat attorney

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attyLLL


moderator
yes, it is valid. as to the buyer, if he had no knowledge of the defect then he is a buyer in good faith. as to the real wife, she has to institute a complaint to return the man's share to the conjugal assets.


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