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Is marriage settlement absolute?

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1 Is marriage settlement absolute? on Thu Nov 03, 2011 3:29 am


Arresto Menor
Hey everyone,

I would like to ask a question for my aunt. Her marriage to my uncle has been annulled. They have entered into a property settlement regarding their old house. They have agreed that my aunt alone will be the sole owner of their house as stipulated in the marriage settlement they both signed.

However I am worried that my uncle might have had a previous wife before my aunt. I am worried for my aunt, does her house... now under her exclusive "single" name, have any chance of being under the rules of art. 148 of the family code?

They are now annulled, but never being married, did they have a right to an annulment and a marriage settlement in the first place? If they never had the right to a marriage settlement, does my aunt's house fall back to the rules of art. 148 even though it's now in her "single-status" name?

Thank you very much.

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2 Re: Is marriage settlement absolute? on Thu Nov 03, 2011 11:16 am


it's not absolute, but there has to be someone willing to go through the expense and effort to roll back the decision, which will be very difficult.

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