Comments on: Conjugal Partnership of Gains: Property Relations in Marriage

By: purl

purl — Mon, 05 Mar 2012 15:52:37 +0000

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

By: patricio

patricio — Tue, 20 Dec 2011 10:23:55 +0000

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.

By: patricio

patricio — Tue, 20 Dec 2011 10:15:49 +0000

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.

By: tri2

tri2 — Tue, 13 Sep 2011 08:42:44 +0000

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.

By: cim10712

cim10712 — Sat, 15 Jan 2011 01:43:43 +0000

are properties acquired before the marriage considered a conjugal property?

By: anne223

anne223 — Thu, 14 Oct 2010 09:00:30 +0000

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..

By: andready

andready — Mon, 24 May 2010 16:17:17 +0000

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!

By: anjeztrid

anjeztrid — Sat, 10 Apr 2010 17:13:37 +0000

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

By: lindz

lindz — Tue, 09 Mar 2010 03:24:28 +0000

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

By: mjplondon

mjplondon — Fri, 23 Oct 2009 03:38:21 +0000

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!