88 thoughts on “Conjugal Partnership of Gains: Property Relations in Marriage”

1. JOHN November 24, 2007 at 1:38 am

   I would like to know if one spouse dies in the Philippines owning Conjugal Property with no born children. If the husbands Parents are still alive are they entiled to any part of the property?

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   1. Michelle January 5, 2017 at 1:52 pm

      Good pm atty. This is Mitch, 24 years old a legally adopted child. My father died when I was 5 years old. We are living in a house built by both of my parents and the lot of my grandmother ( my father’s mother). My mother and I has been happily living here for over 24 years. I’m just worried that since this is still the lot of my grandmother and if ever something happens and she dies, does her children ( my uncle and aunt) have the right to acquire this house which my parents built and my grandmother’s lot eventhough we have been freely inhabiting in this place for more than 24 years? Are there are any legal actions that we need to do in order to acquire this lot? I’m willing to talk to you via email or phone for any advise. Thank you.
   2. Fred August 5, 2018 at 9:44 pm

      Conjugal property will be divided in two and half will go to surviving spouse. The other half will be divided between the spouse again and to parents of the deceased.
2. Atty. Fred November 26, 2007 at 6:45 pm

   John, it’s not as simple as it looks, as there are so many factors to consider. Nevertheless, I suggest you start your research with Article 997 of the Civil Code:

   “When the widow or widower survives with legitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimaye parents or ascendants of the other half.”

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   1. ray ray June 10, 2015 at 11:55 am

      gud pm Atty.Fred
      tanong ko lang po sana sayo ito about sa property ng lola ko may anak siya dalawa tapos namatay na po ung dalawa niyang anak,, tapos po may apo pa po siyang anim po bali apat po sa panganay niya tapos dalawa sa pangalawa niyang anak,,, tapos po ibeninta niya lahat ng lupa niya,,,, bali ito po ang tanong ko wala po ba kaming karapatan sa lupa niya po,,,,,,?
   2. vicky January 31, 2017 at 11:49 am

      mam/sir isang mapagpalang umaga po, mam/sir, nilakasan ko na po ang loob ko na mag msg po sa inyo upang isangguni ko po ang aking problema po sa nyo po, mm/sir, mag 9 yers na po akong biyuda, mam/sir, ang hipag ko po simula ng namatay ang asawa ko ay isinumbat po lahat sa aking ang mag itinulong niya sa kapatid niya nung nabubuhay pa po, mam/sir, ako po ay pinapalays ng aking hipag sa aking bahay po na kmi po ay kasal ng aking asawa po, mam/sir, yung lupa po na tinitirikan ng aking bahay ay lupa ng biyenan ko po, na parehas na po silang pumanaw, mam/sir sinasabi po ng aking hipag na wala po daw ako karapatan sa aming bahay po, na simula po ng kinasal kami ay unti unti po naming itinayo ang aming munting bahay po, mam/sir tanong ko lng po, wala po ba talaga ako karapatan sa aming bahay,na laging sinasabi sa akin ng aking hipag po, mam/sir di po ba kapag mag asawa na at ngpundar ng ari arian ay conjugal property po mam/sir,wala po akong ibang hangad po kundi yung karapatan ko po bilang asawa ng kapatid nila po.mam/sir at sinabihan po ako ng hipag ko na mag consulta po daw ako sa tunay na abogado po.mam/sir pasencya na po kayo sa abala po ata sana po ay matulungan nyo po ako sa aking problema na kung wala po akong karapatan po.maraming salamat po at GOD BLESS PO.MAM/SIR wiling po ako magpunta sa office nyo po upang ilahad ko po sa nyo ng personnal at marami pong sulat ang aking hipag sa akin na puro panununbat po, mam/sir, at yun po bang itinulong nya po sa kapatid nya nunu nabubuhay po ay kailangan kong bayaran po sa kanya po mam, pero mam sa katahimikan at ayaw ko po ng gulo,binabayaran ko po sa kanila buwan buwan po, nung una po ay 3,000.00 po kada buwan, pero sinabi ko po na d ko kay ang 3,000.00 kada buwan po ginawa ko pong 2,000.00 kada buwan po ang hulog ko po mam, at huling bayad ko po sa kanya ay nung last December 2016 po.mam/sir, paencya na po kayo at maraming salamat po, sana po mam/sir matulungan nyo po ako.
3. serbo December 22, 2007 at 1:15 pm

   I am married to a british.He buy a house with lot and a one car..It was a gift for me now he wants the half coz we decided to get our own ways.
   Now my problem in That deeds of sale is it only my name and it says its single but still he have the reciept for the banking when he was paying the house and cars..
   Is he have a fight if i said no to him (for having devided the property)?
   Coz i dont want to sale it..
   Please give some advise..thanks

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4. Andy April 7, 2008 at 6:45 am

   To whom it may concern,

   I would like to ask for your advise regarding my case:

   Me and my wife decided to part our ways.I have properties(houses and cars) that are named after me, and was bought when I was still single(bought by my parents as gifts to me). After we were married, the property titles were not change, nor its property owner stated in it. I would like to ask, when me and my wife would file for an annulment, will she get part of my properties that are still named after me?

   Thank you and God bless.

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5. dianne July 31, 2008 at 4:00 pm

   I would just like to ask how the net profit is computed in the CPG? In ACP, as I understand it, the growth of the properties which the spouses brought into the marriage constitutes the net profit. In CPG, is there a separate CPG capital distinct from the separate properties of each of the spouse whose growth will be considered the net profit? this i ask with regard to forfeiture of the ‘net profit’ of the ACP/CPG when one of the spouses is at fault or acted in bad faith during the marriage.

   Thank you very much.

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6. Zimo October 23, 2008 at 6:57 am

   My stepmother opined that the liquidation of assets of the terminated marriage only applies if the surviving spouse had outstanding loan. Her opinion about article 130 of the New Family Code states that because my Father had no loans or the Conjugal partnership with my mother did not incur a loan,the liquidation of the conjugal property is not mandatory. Is she correct?

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7. jhudes08 December 3, 2008 at 9:56 am

   Me and my husband bought a condominium unit 7 months after we got married. During our purchase I’m still using my maiden name because I haven’t change my name in my passport. If I change my name to married name in my passport, SSS ID and other documents, am I still a legal owner of the condo unit that we bought which is under my maiden name?

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8. grand-daugther February 16, 2009 at 10:31 pm

   Here’s our problem. My grandmother married to an old single man and they dont have children but on the previous married of my grandmother she has 3 children and one of her siblings is my mother.
   When they lived together my grandmother and our step-grandfather bought a land and they build a house and a store. A few years later my grandmother pass-away from then on; my mother enhireted the store and her stepfather enhireted the house as his part of the property after several years, My mother moved into different place and she assume the store for over 5 years.

   After the death of her step-father, the brother’s and relatives of her step-father claiming not only the house but also the store that my mother enhireted from her mother. They said that the store was own by thier brother and my mother has no right on it.So they filled a case against my mother to the Brgy. Captain but sad to say they dont make it because it was known for everybody that my mother has the right since, it was a conjugal property between her mother and her stepfather and that she enhireted the store but the problem is after we redeem back the store and started to build a fence around the store, the brother of the stepfather of my mother file a case againts my mother claiming that they own it and they have title of the land which the name of my mother’s step-father is in the land title. Now this give us a big problem because it seems that they want to say that my mother has no right.

   I was so desperate to know and seek an advice on what should we do. This people are so greedy that even for the fact that it was clearly stated that my mother has the right to own the store that she enhireted from her mother. It was only a small piece of store but they claiming that my mother has no right.

   Is my mother has really no right for this?
   What should be do, when the store that my mother’s repair was being destroyed by her stepfather brother? Please help us..

   Grand-daugther

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   1. anthony January 3, 2016 at 7:05 pm

      Enhireted is clearly not conjugal property…you can ask any Atty that you know..if I where you..I will file a case of harassment to them….
9. lawstud September 2, 2009 at 3:29 pm

   Hi atty, if I may ask about this..
   Can you make a single distinction for eah of the following areas between the regime of complete separation of property and absolute community property:

   a)as to when instituted
   b)as to how instituted
   C)as to coverage
   d)as to administration
   e)as to liability and/or sharing in the family expenses
   f)as to disposition of property
   g)as to dissolution of property regime

   id b glad if u can help.=)

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10. Kcatral September 29, 2009 at 8:42 am

    Sir I need to ask something important regarding conjugal property this is because my dad is selling loaning our land and any properties without the consent of my mother who is working in Hong Kong sorry if i have to express this in tagalog sinasabi niya na wala raw kaming pakialam kung ibenta niya or sanla niya lahat nung lupa kasi mana raw niya ito sa tatay niya saan ba pumapasok ang pre-nuptial agreement hindi ba automatic conjugal property ang isang bagay once they entered marriage. I’m only asking this because we filled a case on concubinage sa father ko kasi binebenta niya yung lupa niya without consent ni mama ko tapos yung pinagbebentahan ay napunpunta sa babae niya hindi sa amin na mga anak niya

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11. mjplondon October 23, 2009 at 11:38 am

    Hi Atty. Fred and Company.
    I have a somewhat related question.
    My friend, ex-Filipino citizen, acquired Canadian citizenship and renouced Philippine Citizenship. He married, and is now seeking to divorce.

    While he was a Canadian citizen (Phil citizenship already renounced), he inherited property in the Philippines with his siblings from his Dad. The TCT of the property now bears his siblings names AND his name. However, there seems to be complications with the way his name was mentioned in the TCT — that is, if his name was Juan de la Cruz, Jr and his wife (ex Phil, Canadian citizen, renounced), was Maria de la Cruz, the TCT says ” […siblings…], AND Juan de la Cruz, Jr, married to Maria de la Cruz, AND […siblings].”

    Canadian laws says that inherited properties are exempt from net family property computation.

    However, what does that entry in the Philippine TCT legally mean? Does the fact that Maria’s name is mentioned in the ….married to Maria de la Cruz… does that mean that she has claim to that TCT? Or is it only a documentary requirement that her name be there but it doesn’t confer her with ownership?

    Once the divorce goes through, should Juan seek to remedy the TCT to ensure that no claims are made?

    Many thanks Atty. Fred & Company.
    Kudos!

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12. lindz March 9, 2010 at 3:24 am

    dear atty,

    i just want to ask for advice my mother died last December 2007 and she’s the breadwinner in our family..When she died my father want’s to sell our farm which is my mother bought it.. it’s just that or it seems that its part of conjugal property i think.. When he want to sell it me and my brothers want’s to ask for our share because i have two of my brother still in college i want them to finish their studies that’s why i ask for our share.. But my father said that if he give us our share it would be 50% for him and the other 50% would divided for the four of us siblings is it right? And now other problem occurred my father have other woman and the woman is pregnant so is their any changes of the conjugal property or the sharing of the price of the farm? Is it favor for me and my 3 brothers? Please help me…

    Thank you
    Lindz

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    1. Ella January 16, 2017 at 11:02 pm

       Dear atty.
       Im sorry to have added on those too many questions sent to you..but i need an advice badly regarding my case
       I am.living with a married man for 13 yrs already and with 2 children from him..he is not separated from.her legal wife but the latter one is already living with another man also.
       At start we dont really have enough for a living and really started from nothing..then i decided to engage into business and fortunately it grows and i can say we already invest few properties..but my man has too many vices including other girls and earlier a prohibited drugs..and too many parasite friends..he was done with the drugs i guess but not with the girls..i can no longer bear things..and i want to leave him..i acuired some properties already as he was dumping some money..the properties i acquired is all on my name because he is so busy with his world that we seldom talk but the acquired properties was never hidden to him..will he get part of those propeties from me once i made up my mind to leave him for good?pls message me back
13. anjeztrid April 10, 2010 at 5:13 pm

    Dear Atty Fred

    My anullment has been done a month ago.I still have to go back to court for the hearing on the custody and support .
    I am confused regarding our house. I just want to know if he can get a share of our house the fact that me and my daughter lives in our house and he left the said house for almost 7 years now.It is known here in our place that he is having an affair with a married woman.
    Another thing is he refused to give financial support to our daughter
    which is injustice on my daughters part
    Is there anything i can do to force him give the support?
    If i will force him to support our daughter can he also force to ask a share of our house?
    Pls email me rightaway at anjeztrid@live.com
    I need it urgently
    Thnak

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14. andready May 24, 2010 at 4:17 pm

    Dear Atty,

    My husband leaves us for about seven months. We are not legally separated. He uses our car, a conjugal property, fetching his girl from somewhere and even using it going out for a date. How can I get my share and my right on this conjugal property?

    Thank you very much!

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15. anne223 October 14, 2010 at 9:00 am

    Dear Atty.:
    I just want to seek advise before taking any action.

    I am a former OFW and sent money to my parents in the province. While I was working abroad I met someone and we live together as partner (not married)and we got 2 kids. Without telling me, my parents bought a property (farm) and they put under my name and partner. Now my problem is, we are now separated and my partner demand for his share. Does she have the right, since we are not married and my parents was the one who bought that property and they are the signatory of the land title?

    Please, i hope i can hear from you. Cause this person threaten my parents. Thank you very much..

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16. cim10712 January 15, 2011 at 1:43 am

    are properties acquired before the marriage considered a conjugal property?

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17. tri2 September 13, 2011 at 8:42 am

    Atty.

    I would like to be clarified on the following:

    I remarried in year 2009, eleven (11) years after my first spouse passed away. I was able to marry my present spouse when she got an annulment from her previous marriage. She and her former husband have lived separate lives since 1996 and their marriage was declared annulled by the court in 2008.

    1. In 2004, she started paying installments for two (2) residential lots she purchased in Bulacan and expects to pay for it in full in 2014. She is paying exclusively for these lots.

    What would be the rule on property relations among myself, my wife and her former husband insofar as the lots is concerned?

    2. I have four (4) children from my deceased wife while my spouse has a daughter. All of them are of major age. I own a house and lot where my spouse and I are living with my own 3 children. My eldest son and my spouse’s daughter are abroad.

    I acquired our house and lot in 1987 with extrajudicial settlement among myself and my 4 children which provides that we divide half of the house and lot, being the conjugal share of my deceased wife.

    What would be the rule on property relations among myself, my spouse, my 4 children and my stepdaughter insofar as the house and lot is concerned?

    How will we go about the registration of the properties in both cases?

    Thanks.

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18. patricio December 20, 2011 at 6:15 pm

    dear sir,
    I want to ask if my mother can still claim his part of my fathers properties after he died five years ago. He died at the age of 91, when he was still alive my father and my mother had an arguement that made my mother left and live to the other house(my father has two seperate properties).In doing so my step sister who was living in the U.S. came to the phillippines and without us knowing transfer the deeds of both properties to her name.My age of my father then was 80, after only a few months my parents quarrel was over, but only a few years later that came to our knowledge of what my step sisiter did. My mother finish only 1st grade in elememntary and has no knowledge of our laws even though it is very hard for her to accept what happen we dont know what to do, she is still living in the second house which she had been living in their 30 years of marriage. Now my half sister wants her to leave the house for they are selling the lot..Hoping you can give us legal advice ang help on our situation. Thank you sir and more power.

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19. patricio December 20, 2011 at 6:23 pm

    Dear Sir,
    I want to ask if my mother can still claim his part of my father’s properties after he died five years ago. He died at the age of 91, when he was still alive my father and my mother had an argument that made my mother left and live to the other house (my father has two separate properties).In doing so my step sister who was living in the U.S. came to the Philippines and without us knowing transfer the deeds of both properties to her name. My age of my father then was 80, after only a few months my parents quarrel was over, but only a few years later that came to our knowledge of what my step sister did. My mother educational attainment was only 1st grade in elementary and has no knowledge of our laws. It is very hard for her to accept what had happen, and we don’t know what to do, she is still living in the second house which she had been living in their 30 years of marriage. Now my half sister wants her to leave the house for they are selling the lot.Hoping you can give us legal advice and help on our situation. Thank you sir and more power.

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20. purl March 5, 2012 at 11:52 pm

    atty,
    i would like to ask about my situation.
    my grandparents (parents of my father) donated a land to my father after marriage. now, the parents of my dad died and also my father. my mother sold the lot. how much is my part as only child? my mom told me that i will get 1/2 of it. i am already 29 years old. and im living separate from my mom.
    thank you!

    ill be waiting for your reply @ zaire_ashley@yahoo.com

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21. sarah.espaltero September 11, 2012 at 10:17 am

    If for example, i purchased a parcel of land in a province before getting married. I named the title before me and indicated that i’m single. Would that be considered as part of the conjugal property when i got married?

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22. d_epetito September 14, 2012 at 6:53 pm

    Hello atty..

    wala n ba kaming karapatan nsa naiwan ng tito ko sa kanyang mga paupahan , nauna lang po sya namatay sa asawa nya at nung namatay ung tito ko binenta daw nya ung mga bahay sa mga pamangkin nya ,
    ano ang gagawin namin para makuha yung kalahati?
    kasi nahati n po ng magasawa yan kaso walang kasulatan pero may witness po yung mga nakatira sa paupahan nila,,,

    sana po masagot mo ito salamat

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23. viehermosoamor July 10, 2013 at 5:42 am

    I would like to ask advise on what should I do on my property problem.
    My father die 3 year earlier than my mother, before my father die my parents has conjugal debts. After years my mother sick and she lend money to multiple person. In order to pay her debts she sale her house or shall we say a family house to me. I am the oldest daughter among 5 children of my parents.
    During the signing of deed of sale my two sister and younger brother sign to justify that they agree the said saling or transaction and we have also outside our family witness the said agreement. My problem is one brother did not sign the deed of sale because he is in Cebu prison house . My mother is in need . Non of us benefit the money from the house it’s not even enough to pay my mother debt.
    Now my brother who did not sign the said saling of house demand the his share from house to me cause I am now the new owner.
    I guess that is not possible cause I pay what my mother saling price to. He suppose to ask my mother about his share but that not possible cause she die with cancer after one month from the time sale the house me. My younger sisters and younger brothers and even me do nth any penny from the house.

    What should I do or action to do with my brother who ask money from me.? He said he has right to claim his share from the house. I told him if he has the right to claim me too. But we don’t have left over only my mother knows what she does with money. This month I like to sale this house in order to scape the discussion of my ex house. I am the new owner so I have right to sale the house, but the problem is he harassing me or the prospective buyer.. What should I do…

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24. confused40 August 27, 2014 at 11:49 pm

    Dear Attorney;

    I am married for 14 years. My husband has been constantly drinking. He promised a lot of times to stop it but he never did. Also, i suffered a lot of verbal insults, criticisms and sarcasms from him especially when we fight. There were also 3 times of instanced that he hit me when he was under the influence of alcohol. Moreover, he does not inform me of his plans esp on financial matters. He had unnecessary loans and so i had been shouldering the bigger part of the finances. Until one day, i found out that I fell out of love because of these things that had already piled up. In many situations, he would also insult our children and use abusive words on them. Now, whenever he comes home drunk which is too often, I would be too nervous. He also doesn’t try to augment our budget knowing that he’s salary is too small for the needs of our 6 kids. I have been financially problematic too. We have an L300 can bought under his name, he put up a computer shop in Manila without my knowledge but he is not giving me any part of the income and we are still paying our house which is still owned by my sister-in-law and so he bears the title for it.
    With all of these, i plan to leave my husband but i intend to stay in the house and ask him to move out. Also, i am worrying if he will support the kids completely if we will be formally separated. Please help me for the best thing to do. Thank you in advance.

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25. anne October 8, 2014 at 11:56 am

    atty,

    i would like to ask what you think on the the following questions:
    1.can a husband solely and exclusively owning a parcel of land costituted their family home on the said land sell the same?
    2.whether a debt be extinguished by marriage between the debtor and creditor?

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26. Anthony October 12, 2014 at 4:55 pm

    Dear a tty.

    I just want to ask.. my mother bought a land way back 1995 and my father doesn’t know it on the title my mother’s name and married too my father and she is the only one signed so we sold the land and it’s written clearly that my mother is on the title but married to what can we do about the deed of sale

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    1. Ella September 16, 2017 at 11:46 am

       hi! Atty. I had a property when I was single name but I have a Live in Partnerin that time we’be been together for almost 12 years.. We have 2 kids….Then last 2 years we’ve got married.. A year from from weve got married he was engaged into different vices and hes having a third party now he left us for a year and he is not supporting to our children…My question is he entitled to claim that property I bought when Im still a single..MY mother in law is the who building a house on that lot proeperty of mine.. Do I have the Right to evict them. Do i have the right to raise a complain my husband for not supporting our chidren.Please avise..
27. Vangie November 7, 2014 at 11:12 am

    Dear Atty,

    My husband and I are an active members of our church for 12 years but this year, my husband changed religion. Early part of our 12 years involvement in the church, both of us agreed to donate our unfinished house for the church’s use. There is no legal donation made but just a donation agreement signed by both of us. The church funded our house’ construction, renovation and major repairs. Early this year also, our pastor told us to sell our house for the proceeds to be use for a big ministry project. However, my husband disagree and does not agree to sell our house, until we had disagreements and quarrel already.

    Can I exercise my right as his wife to sell our house, which is our conjugal property and donate my 50% share, if my husband will agree to that terms?

    If my husband continue to disagree, what can be my course of action?

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28. Melissa January 20, 2015 at 9:14 pm

    Blessed Day!

    My lolo waived part of the residential property to his daughter and there’s a paper supporting it but the siblings havent seen the paper. The other daughter asked for a part of the property but my lolo said she should ask form her sister as the property has already been waived. The sister refused to give the other daughter a part of the property saying that she is a widow while her sister is happily married. What law governs this kind of matter? Lolo passed away years after that conversation but my lola who is turning 90 is still alive, also living in the same compound but is in a different house. She isnt saying anything about the matter but the siblings are now almost arguing about the ownership of the waived property.

    I hope you could email me the best help and sound advise.

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29. Randy Hormigos February 2, 2015 at 8:49 pm

    Dear Atty,

    I’ve been separated with my wife for 13 years and when I resign from my company I allowed her to get it on my behalf. She told me she will deposit the money ( time deposit). When the time come that I ask about the money she told me she spend it all for my kids with out my knowledge. The question is can she get awy with that easily? What legal action can I do? Is that a part of conjugal property?

    Regards
    Randy

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    1. Akashi June 27, 2015 at 9:34 pm

       Dear Mr. Hormigos,

       According to this blog, ‘those obtained from work or profession’ means she has right for those.

       The conjugal partnership shall be liable for:

       (1) The support of the spouse, their common children, and the legitimate children of either spouse; however, the support of illegitimate children shall be governed by the provisions of the Family Code on Support;

       (2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the conjugal partnership of gains, or by both spouses or by one of them with the consent of the other;

       (3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have benefited;I have questions for you.

       You said that she spent it ALL on your kids. How many kids do you have? In which schools are they in? Does your children stop schooling? How much is the money your wife got? When did she get them? Are you sure she spent it all on your kids? Do you have some credit payables? Some debts or something needed to be paid? Do you provide them enough? Are you providing additional support for them? Do you do gambling? Why does she need to use your separation pay?

       Thank you in advance if your going to answer my questions. We’re in the same situation so I just want to know from someone who shares the same boat as me.

       Regards,
       Sei
    2. Jung April 29, 2018 at 1:48 pm

       Oh really??
30. lovely April 11, 2015 at 2:44 pm

    I am separated status i just want to ask how to buy property using my family name in single. …

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31. Arlene May 19, 2015 at 2:32 pm

    I acquired a lot thru GSIS loan while i was still single. Inasmuch as the payment of the lot was upon the release of the loan, a contract to sell was made instead of deed of sale. However, in the course of processing the gsis loan, i got married so much so, that when the loan proceeds was released, i was already married, hence using my married name as the owner. But I am the one who paid for this property. Is this considered as a conjugal property? Five years after, my husband died leaving me with 2 kids. What do i do to effect a change in the title instead of married, changed it to widow?
    Looking forward to your response/enlightenment on this.
    Thank you.

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32. Janet June 10, 2015 at 2:40 am

    Dear atty.

    I would like to ask for an advice, my father had an affair with other women and now they have a child. He is still married with my mom. My question is how it will affect on their conjugal property, and it is legal that my mom will ask my father to distribute all there properties to us their legitimate children? And what is the right of the illegitimate child to my parents conjugal property? And lastly what will happen to their conjugal property if my mom will file a case against my father for concubinage? In case the conjugal property will be divided between them, can my mom choose what property will be in her name? Please advise, thank.

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33. stephanie July 18, 2015 at 7:50 pm

    I left the house after knowng the 15 yr old “niece” livinnin our house is MY HUSBAND’S DAUGHTER from his previous live in partner. Later I found out there are actually 2 daughters from the same partner. The house is mortgage to PAG IBIG and my husband pays it monthly. I paid for the renovations and spent hundreds of thousands for it. How can I get back the money I spent for the renovation since we are not legally separated?

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34. Roy August 4, 2015 at 10:15 pm

    how about shares of stock from different companies? are those conjugal … and all amount of gains from the said shares?

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35. Richard August 16, 2015 at 1:05 pm

    Gud day, sorry sa tagalog, may nabili ang parents nmin na rights na tinaluyan ng tindahan, until lumaki na kmi, at iyong brother ko nagtayo ng water station syempre nagpaalam sa mother ko since my father already dead. Until ibebenta n un lupa n inuupahan nmin at nagpaalam na sya n ang kukuha ng lupa dun at pumayag verbally ang mother ko, until mamatay n ang motner ko. So ung isang brother ko naghahabol dahil conjugal right or property un. Any legal advise po

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36. allan August 21, 2015 at 10:55 pm

    hi atty . ,
    just hoping if you can give me an advice regarding a car that i bought few years back.the ownership was transferred to my fathers name as am overseas but now am trying to get it back but they wont give it to me as they are saying that its theirs already and i have no claim of it , will i still be able to get it back in due process, can you pls help me

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37. Ellen September 20, 2015 at 2:13 am

    Greetings!, i have been separated for over 20 yrs and if i consented on selling our conjugal property, can i demand that my kids should also have a part of it. My ex is so greedy that even his pension goes to himself and gf only.

    Reply ↓
38. mabel September 28, 2015 at 7:19 pm

    Hi Atty.,
    I’m just curious about this property titling. Its our third house and in the previous tittles, it says the name of my husband married to (my name). Yes i understand that he was the one applying for the said housing loan.
    This time the contract to sell only says (the name of my husband), married and of legal age. I just want to fully understand the difference between the term (“married to” and just the word “married”)
    Hope to hear your advise.
    Thanks,
    mabel

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39. Lea November 29, 2015 at 1:26 am

    We are both Filipinos married in the USA for 16 years unfortunately we got divorce. We have a conjugal property in the Philippines . He sold his share to me and the Deed of Sale was stamped with a red ribbon in the Philippine Consolate in Los Angeles. I’m paying the taxes on this property. My question Atty. How will I transfer this property in my name alone ?
    My last inquiry the Civil Code says ( a spouse can’t sell a property to a spouse) therefore I can’t process the transfer.Secondly , we don’t have a record of marriage in the Philippines.
    Please advice me what would be my best options to expedite the transfer of title in my name alone.Thank you and I’m looking foreword of your respond.

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40. Wizard November 30, 2015 at 12:11 pm

    goodmorning..here is my friends case:
    They left there conjugal home for almost 3 months na because her husband keeps cheating on her. And then recently nalaman nila na meron na namang iba ang husband..My friend wants a legal separation, anu po ba ang process para sa mga properties nila? is there property regime a Conjugal or Absolute Community? And anu po process dun sa House nila?? would it go to the husband or wife? ang expenses po sa house is purely kay husband..pero diba conjugal narin naman yun ? advice me po..tnx

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41. Aldrin March 1, 2016 at 2:27 am

    My father became a widower when my mom died in 2010. He married for the second time in 2013. My father just died 2 weeks ago. Is the second wife entitled to all the properties acquired by my mom and dad? Is it true that their only conjugal properties are those that they acquired from the start of their marriage until the death of my father? Thank you.

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42. anon_ l3t March 17, 2016 at 11:14 pm

    Good day Atty. Fred. I would like to ask for an advice regarding our problem. My father died last year with no will of testamen and he left us with two properties. My mother wants to sell the other property, but me and my sister doesn’t want to for personal reasons. Our mother claims that we don’t have the right to stop her because it is already hers because her name was written on the land title. But when we checked the land title, it was stated that the owner was my father and she was only stated as his wife. Please help us of what we should do. Thank you very much!

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43. eis22 April 5, 2016 at 2:39 pm

    Dear Atty:

    Ask ko lang po if yung manang lupa ng husband ko is conjugal property pa rin kahit pinalipat niya sa name lang nya yung title from his father who is already dead?

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44. Lorena April 22, 2016 at 10:24 pm

    Dear Atty.

    Iniwan na po kami ng ex ko 5 years ago at me kinakasama na syang ibang babae. Ang prob ko ang bahay at lupa na naipundar ko (from my own income) ay naka name samin dalawa as said in the title Married to:
    Gusto ko na po sana ibenta ang property pero ayaw naman po nyang pumirma aa ano mang proceedings eg.deed of sale. Paano po kaya ang gagawin ko. Ayaw din naman po niyang idonate nalang sana namin sa aming 3 anak ang property upang wala na syang habol sana at ang kinakasama nya sa aking oinagpagurang maipundar para sa amin ng mga anak ko.

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45. darren May 4, 2016 at 6:40 am

    hi atty i like to know since conjungal in hand i was married before in philippines but then my wife came to australia and now she died what happenes the property we both built and the land was in her maidam name before marriage but i paid her balance of the proprty how this go to get them both when the family daughters not give me the title who entilte to what thx,also no kids

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46. darren May 4, 2016 at 6:42 am

    atty forgot to say better i put it in the property was paid by us both when we were married also the land was hers before she married me but now sad she died im a forigner and i know a bit u law its conjugal but the family not give me the titles so far i have a lawyers tell me to go for what is mine as its in my family name,how i go about this please what a good lawyer to trust in manila reason i ask my wife friend before works the manila courts told me to go apply for this thx.

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47. Jane May 15, 2016 at 5:27 pm

    Dear Atty.,

    My parents, were separated for 20 years now. With my knowledge, my mother has no intention to return anymore and has live in partner and still continues to use until now my fathers family name as her last name as she works as government employee. As she retires, do we have the right or does my father has still have the right to file any petition for receivership since my mother did not file any annulment or void of marriage.

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48. carlo July 8, 2016 at 11:19 am

    Dear Atty,

    I’m in the process of purchasing a lot from my aunt. In the TCT, it indicates there that my aunt is “is married to” my uncle. Does he (my uncle) also need to co-sign in the deed of absolute sale? Do I need to show IDs of him also?

    Thanks

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49. Grace September 13, 2016 at 7:33 pm

    Hi Atty,
    I just want to ask a piece of advice about my right .
    My husband is Fil-Am citizen. He went to Philippines para pakasalan AKo.,that year was 2010.
    Penitition nya KO at ang mga anak KO(not his real kids), at nakarating kame dito sa US in the year of 2012.he bought the house before we came here in US. So lahat ng mga properties nakapangalan lahat sa kanya,except the bank account.
    Tanong KO lang po kung meron po bako rights sa mga properties kahit lahat NASA kanyang pangalan.
    Balak KO napo kasi makipag divorce ,nag a away make dahil sa mga anak nia sa previous spouse. Di KO po alam kung ano po ang mga karapatan KO in case mag file AKo ng divorce.
    Sana po matulungan niyo KO.
    Maraming salamat po.

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50. husband September 19, 2016 at 2:13 pm

    On the properties .. When a husband and wife separated a year after a property was acquired thru housing loan with 10 years term and the husband is solely paying for the property even after they were separated evident by the automatic deduction from the husband payroll account. The annulment case was filed and still ongoing for almost 5 years now. Who has the exclusive right to the property?

    Another case: When a husband and wife separated after a year a property was acquired under Employee Housing Program wherein half of the value of the property were paid by the company and half is being paid and contineously paying the 10 year loan by the husband and deducted from the Husband payroll account. The annulment case was filed and still ongoing for almost 5 years now, who has the exclusive right to the property?

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51. Christie September 20, 2016 at 5:24 am

    Atty.,
    I have mortagage a house and lot during the duration of my annulment procedures. And since it was via pagibig and was advise at that ime that since my status was still married, have to have my husbands name and signature on it which he did signed. Few years later our marraige was declared null and void, and later i completed the mortagage. i finally got my title and sad to say mu ex husbands name was on it as my spouse. We have been annulled for several year and now I plan to sell that said property. Do i stil need his consent and how do I proceed? By the way I paid/mortgage this property using my own income.

    Reply ↓
52. sam October 1, 2016 at 8:53 am

    Gd pm po Atty.

    Magtatanong lang po ako ng advise nyo.
    May binili po ang nanay ko na lupa sa kapatid nya noong year 2000. Nagagree po silang dalawa na nanay ko na po ang magbabayad ng capital gains tax komo mura lang binenta ang lupa sa nanay ko.

    Napanotaryo po nung 2010 lamang, pero di pa rin pi nabayaran ang capital gains tax hangang ngayun at wala naman parin pong changes ang nagawa ng nanay ko sa original na titulo, except kumuha lamang po kami ng certified true copy at nakita namin na malinis naman po ang titulo na binenta sa nanay ko.

    Kinausap po namin magkakapatid ang kapatid ng nanay ko na di pa rin namin nalilipat sa pangalan ng nanay ko ang lupang nabili sa kanya. Suggestion po nya na gawin na lang namin kung anong pwede solusyon para maayos namin, kasi may alzheimer na po nanay ko. Nung 2011, binigyan na po ako ng nanay ko ng SPA to take charge and decide tungkol sa lupang ito.

    Nagsuggest po ang manugang na CPA ng kapatid ng nanay ko na magpagawa na lang kami ng DEED OF DONATION para macancel out na lang ung original na deed of sale ng nanay ko at tiya ko since wala naman nagawa pang changes sa original titulo.

    Pwede po bang gawin namin un at kaming lahat na magkakapatid, instead na nanay ko, ang donees ng tiya ko at magiging dated 2016 na po ang deed of donation kahit nagbilihan naman po talaga ang nanay ko at tiya ko nuong 2000?

    Ano na po ang mangyayari sa original na notaryadong deed of sale? Maka-cancel na lang po ba yun automatically pag ung deed of donation ang binasihan namin ng pagbayad ng donor’s tax at pagtransfer sa names naming magkakapatid?

    Safe po ba na di sila maghahabol sa future kung lalabas na donated lang po ang lupa at kapag di pa namin nababayaran ang donor’s tax?

    If di po advisable at safe kami na palitan na lang ng deed of donation ang original deed of sale namin, pwede po ba na gumawa na lang po kami ng new deed of sale na dated na lang 2016 (para maging ngayung taon na lang po ang umpisa ng basis of computation ng tax).

    Ano po ang mas maganda naming magawa habang buhay pa po ang tiya ko (85 years old ) at nanay ko (84yrs old, last stage of alzheimer na po sya). Please help and guide us po.

    Maraming salamat po Atty. Looking forward po sa advise ninyo.

    God bless po.

    SAM

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53. MARITES November 3, 2016 at 5:32 pm

    Dear Atty. Fred
    Good Day!

    I have an Aunt who was married and owned a 1 hectare of a rice field which they bought it from her parents tenanted by her 3 brothers. Her husband sold to my aunt his share on a land for a reason that their marriage is at stake. My Aunt executed a document notarized by a PAO lawyer. But my aunt died first.My question is..
    Could her husband have still the right over the said property?

    A year after her husband died too, and they don’t have a child.
    Who will now be the legal heirs?

    And my aunt when she was still alive give a power of attorney as administrator of the said property to one of his brother.
    What is now the status of the executed power of attorney now she had already died?
    How is the validity of the said documents?

    Do we have the right to position the land as heirs of her two brothers who was once a tenant of the said property? Because one of the brother given the power of attorney don’t like the idea.

    Did the relatives of my aunt husband has the right to claim from any share over the property?

    Sir I would really appreciate your brilliant answer since i could hardly find an attorney to consult such matter since I am teaching in a far flung areas her in Davao.

    Thank you very much and Good Bless us all.

    Very truly yours,

    MARITES S. MILO

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54. BENG November 14, 2016 at 8:03 pm

    nag loan ako sa pag ibig.and then hindi namin nabayaran agad,and nag black listed ako. ang sabi sa pa ibig i re sell na lang ulit sa pangalan ko.nag sign ako for re sell under my name only.is that a conjugal property pa rin?

    Reply ↓
55. Nikki December 6, 2016 at 9:01 pm

    My husband and I are not legally separated. After our marriage, he entitled me as the other owner of all his properties. Can his immediate family claim the properties without my consent?

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56. CECILIA December 20, 2016 at 9:23 pm

    Hi gud eve atty.. I received my certificate of finality of annulment last Aug 2016…the court also decided to dissolve our property upon the the finality of annulment.however it seems that the motion of partition given by my lawyer was rejected so he filed for motion for reconsideration…i dont know whats goin on..im not receiving support from my ex husband and yet the motion for partition was neglected up to now…what will i do to settle everything…im doin this for my 2 children..hope u can give me advise about this matter.

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57. Rogelio December 27, 2016 at 5:32 pm

    Who is the principal owner of the land title if my wife is the first name on it then married to my name?

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58. KeNith January 17, 2017 at 8:45 pm

    Hi Atty.!
    Hope you could share your best advice for me! I am verbal separated way back 2015 that was happened here in Aussie.August, 2014 po kami pumunta rito sinundo kami nang asawa ko, bago po kami umalis may biniling private house and lot ang asawa ko pero nka pangalan sa kanya.Ngayon beninta niya na hindi ko alam.May mga anak po kami 3.May rights ba kami ng mga anak ko sa property na yun kahit wala ang pangalan ko?!pwede ba niyan ma benta kahit wala ako?!ang alam ko kasi pinagawa niya ulit ang title na matagal na raw kaming hiwalay,Anong pwede kong gawin dito?!
    Hindi kasi siya nag support sa mga anak nmin dito kaya gusto kong ilaban ang properties na yun.
    Thanks in advance!

    Reply ↓
59. Jay January 22, 2017 at 3:28 pm

    Dear Atty.

    I just want to ask you opinion on this particular situation:

    Husband and Wife were married under the Conjugal Partnership of Gains. Wife is permanently living abroad and Husband is staying in the Philippines. Can the Husband enter into a lease contract with a 3rd person involving an exclusive property of the wife located in the Philippines? In other words, can the husband be considered the administrator of the exclusive property of the wife who is permanently residing abroad?

    Reply ↓
60. Calaena February 4, 2017 at 9:28 am

    Hi my mother has left my father since I was 7 years old and she had remarried several times abroad. My father is very sick right now since he has cancer. Does my mother have a claim on my father’s properties? How do we go about transferring the properties to me since Im the one taking care of him since I came back to the phils?

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61. gerald March 21, 2017 at 12:51 pm

    Dear Atty.,

    Good PM po, tanong ko lng po ang lola at lolo ko ay patay na, tapos may lupain sila na iniwan sa mga anak tapos ang mga anak ng lolo at lola ko ay may mga asawa na, tapos ang mga lopain na ito ay hindi pa nakapangalan sa mga anak na naiwan ng lolo at lola ko. matatawag po ba to na conjugal property?

    salamat po,

    Reply ↓
62. sisterj March 31, 2017 at 3:09 pm

    Dear Atty.,

    I have a sister who was married last 2003. but their marriage didnt last for a long time. They separated I guess in the year 2005. My sister has the custody of their son and support him since they separated. We are very much aware of the relationships that the boy has and having another child from other woman whom he let them stay in his house. My sister was able to work as an ofw and was able to get her son to live with her. She is planning to buy a house and lot here in the Philippines thru PAG IBIG. But because she was married she needed a court order stating that the property to be bought will be her sole property. My question is how can we get a court order for that and also if there is a court order to legalize their separation aside from annullment which is very expensive?
    Thank you.

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63. Venus June 5, 2017 at 8:11 am

    Dear Atty
    Would appreciate your advise on this, please. At the time of condo purchase application here in the Philippines, my marital status was then married, although we were already separated, not divorced yet (in Australia). Of course the condo title was in both our names. The property was then paid by instalment. When I received my divorce papers, I fully paid my condo (3/4 of the total amount). Would it be possible to delete his name on the title? Before Divorce was granted to us, ex husband has waived his rights, claims to the condo and this was authenticated at the Embassy in Australia.

    Please reply Atty, thank you very much

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64. Mark July 3, 2017 at 9:42 pm

    My marriage was declared Void Ab Initio on the grounds that it violated Art.3 sec. 2 of the family code. But a couple of years before the court declaration, my then wife bought a car through bank loan and me as comaker for that. In less than a year after purchase of the said vehicle, my then wife became delinquent payer for that car loan. A court case for that delinquent account was filed and I didn’t know how to fight it. She refused to pay nor return the said vehicle.

    Now I am married to my new wife and we cannot get any loans approved. From car loans to housing to anything. Is there a legal way to remedy my situation and be free from this?

    Reply ↓
65. brandi July 6, 2017 at 8:17 pm

    Good pm atty.

    Gusto ko lang itanong sayo ang tungkol sa kapatid ko , more than 20 years na silang nagsama nang kanyang asawa at hindi pa sila kasal. Yong asawa nang kapatid ay mayroon dalawang anak at sila nang kapatid ay wala silang anak. NGAYON yong asawa nya nasa US kasi yong anak niyang babae ay nakapag asawa nang amerikano. Nong hindi pa nagpunta ang asawa nya sa US mayroon silang pinapagawa na bahay at hinulog hulogan nila ang lupa ang problema lang kasi sa subrang trust sa kapatid ko sa anak na lalaki nang asawa nya ay naka pangalan sa kanya ang lupa at hanggang ngayon hindi pa tapos ang hulugan sa lupa. nagka problema kasi sila medyo nagkasakitan nang salita , tapos sinabi nang son-inlaw nya na wala siyang karapatan sa bahay at sinabi pa nya na babayaran nya ang kapatid ko sa labor and rights nya sa bahay na yan . SA totoo lang sa panahon na nagpatayo sila nang bahay na yan kahit isang pako ay hindi siya tumulong at kahit sintimo ay wala siyang naambag .sinabi nya na walang karapatan ang kapatid ko dahil sila kasal nang kanyang ina. Naawa kasi ako sa kapatid ko dahil ang lakas nang loob nyang angkinin lahat ang pinaghirapan nang kapatid ko at nang kanyang asawa. Wala po ba talagang karapatan ang kapatid ko dito.

    Reply ↓
66. Rochelle July 7, 2017 at 5:24 pm

    Good pm po. Ang asawa ko po ay magtatatlong buwan ng hindi umuuwi sa bahay at hindi na din nagpapadala ng pera sa amin ng anak ko. Ako po ay walang trabaho at may konti naman kaming ipon pero nasa bangko ng baby namin yung iba hindi ko ginagalaw yun at paubos na din ang ipon namin dahil sa gastos araw araw. Ang sahod ng asawa ko sa isang buwan ay 40k kaya wala syang dahilan para hindi kami mapadalhan. Ang gusto ko pong malaman ngaun ay kung pwede ko ba syang kasuhan kung ang pera nya ay igagastos nya sa ibang tao gaya ng kapatid nya or magulang at wala man lang maibigay sa amin kahit konte. At gano po ba kalaki ang allowed na ibigay ng spouse sa ibang tao ng hindi kailangan ng consent ng kanyang asawa. Salamat po.

    Reply ↓
67. Judy Anne July 18, 2017 at 9:49 am

    I would like to ask if there is any prevailing rule concerning Family Home deductions for computing gross estate of a conjugal partnership gain. I am a bit confused of how a Family Home divided as a lot and a house, one of which is exclusively owned by the decedent while the other is a part of the conjugal property. How is the 1,000,000 (provided that the total exceeds 1 million) divided?

    Reply ↓
68. Ana Liza July 29, 2017 at 2:33 am

    Hello po, Attorney!
    Isa po akong Pilipina na naninirahan sa abroad at sa kasamaang palad, kasalukuyan nasa proseso ng diborsyo. Ang napangasawa ko ay isang dayuhan at nagkataon meron kaming unit na nabili sa Pilipinas ng panahon kami ay mag-asawa pa. Yun po ay ini-loan namin sa bangko sa Pilipinas at kasalukuyan binabayaran pa at hindi na rin tumutulong ang ex-husband ko simula ng magkaroon ng gulo sa aming pagsasama. Ano po ba ang saklaw na batas para dito?

    Reply ↓
69. Annie July 31, 2017 at 7:01 pm

    Good evening po. My husband is listed as the owner of the room rental business but I am the one managing it: repairs, etc. Under the BIR rules is it alllowed for my husband to give me a salary and include it as an expense?
    Thank you!

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70. Erc P September 11, 2017 at 10:55 pm

    Hi Atty Fred,

    I have this concern on buying a second hand car, in which the title is under the husband’s (this car is acquired within marriage), but the husband died, and after 3 years, the widow happened to decide to sell the car (in which, to me). My question is, is she now the absolute owner of the car? and what are documents need for them to produced in order the sales be legal.

    Regards,
    -Car enthusiast

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71. leen October 2, 2017 at 10:42 pm

    My real name is Concepcion C. Flores, which is having a live-in-partner who is an american but unfortunately passed away for seven years now. He invested his money in Philippine Retirement Authority with a joint account in Bank of Commerse for $20,000. Now that they found that passed away the interest is so very small.But before, he died he made a Waiver of Rights signed that it will be waive to me, us a Live-in-partner for 13 years. I am not a legal wife, so the problem now that i want to withdraw the money from the bank of commerce but they don’t allow to get the money. Can you extend any help to me how to get the money. I am now old enough so i want also to enjoy the money for my financial needs.
    thank you so much and more power.

    Reply ↓
72. Delatst October 31, 2017 at 8:43 am

    Tanong ko lng po, pag pinike ng asawa ko married contract at meron png cya iba ginawa sa pag pirma ng dko alam regarding legal documents nmin ano po pba pwede kng gawin?

    Reply ↓
73. Tone November 16, 2017 at 7:46 am

    Hi
    My Father in Law married in the UK and lost his wife to cancer. He has three children in the UK. He is now dating a Philippine lady many years his junior. We are suspicious of the relationship and wonder what is the legal status of UK property owned by him if he has a will in the UK but marries his girlfriend in the Philippines. Would his new wife be entitled to UK assets? Would Philippine law recognise UK will?
    Many thanks

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74. Paula January 29, 2018 at 11:32 am

    My husband abandoned me and my child 5 years ago. During those 5 years I acquired some assets for my child’s future – 3 real estate properties. Will he have any right to the properties I acquired when I file for annulment?

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75. Jen May 8, 2018 at 11:29 am

    Dear Atty:

    Good day, ask ko lang po about sa property ng mother ko na minana pa niya sa lolo ko(my lolo already past away)…Im illigitimate child(anak po ako ng mother ko nung dalaga pa cya,same kami ng apelyido ng lolo ko sa birth cert. ko)..but now married na mother ko with 2 kids… Beninta ng mother ko yong lupa ng lolo ko.. Paano ung hatian nmin sa mother ko at sa half brother ko??? _Second balak ng mother ko n bumili ulit ng lupa which is galing sa pera dun sa lupa ng lolo ko na bininta ng mother ko.. May habol po ba ako dun??.kasi iba na yong apelyido which is apelyido ng stepfather ko dun sa bagong lupang bibilhin nila…. Paano naman din po yong hatian namin dun sa half brothers ko??? Salamat po & god bless…

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76. Rosewater June 20, 2018 at 1:01 pm

    I am separated for 7 yrs now but not legally. My husband has been living with another woman and has a child with her partner. I want to be in peace , so i just let them be and we havent seen each other for 6 yrs. I’m planning to buy properties but the thought that our separation is not legal and we havent filed any annulment. Will he also own any properties I’m going to have?

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77. eleazar November 25, 2018 at 2:16 pm

    dear atty may question ako at ganito yun: ang grandmother ko ay unang namatay kay sa lolo ko may naiwan siyang dalawang anak pero namatay din ang isa. ang naiwan ay ang naging mommy ko. mayroon silang ariarian ng lolo na masabing conjugal property. sa nagsunod na taon about 1930 nag asawa muli ang ang aking lolo pero ang conjugal property nila sa unang asawa niya ay hindi naseparate pa rin hanggan sa duration ng second marriage. nang namatay na ang lolo ko hindi pa rin binigay o separate ang conjugal property sa unang asawa at tinago pa sa amin mga anak ng mommy ko. tanong ko anong epekto ang conjugal property ng lolo ko sa unang asawa sa propedad na nabili sa panahon na ng ikalawang asawa? by the way the property is a 4.5 hec. cocoland.

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78. eleazar December 19, 2018 at 2:42 pm

    my grand mother died early before theRA386. she left a daughter and a conjugal property with her husband, my grandfather. a year or two years later he remarried and brought with him the conjugal property of first marriage, my question is what is the property relation of the conjugal property of the first marriage to the property acquired by my grandfather during the second marriage? does my step grandmother has right to share on the conjugal property of the first marriage? hope i can have your answer very soon. thank you very much

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79. Erniel November 3, 2020 at 5:28 pm

    If i buy a property that is conjugal and one spouse is already dead.. will the children also sign the papers.?

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