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

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 11:38:21 +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!

By: Kcatral

Kcatral — Tue, 29 Sep 2009 08:42:08 +0000

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

By: lawstud

lawstud — Wed, 02 Sep 2009 15:29:43 +0000

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.=)

By: grand-daugther

grand-daugther — Mon, 16 Feb 2009 22:31:10 +0000

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

By: jhudes08

jhudes08 — Wed, 03 Dec 2008 09:56:31 +0000

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?

By: Zimo

Zimo — Thu, 23 Oct 2008 06:57:55 +0000

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?

By: dianne

dianne — Thu, 31 Jul 2008 16:00:52 +0000

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.

By: Andy

Andy — Mon, 07 Apr 2008 06:45:08 +0000

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.

By: serbo

serbo — Sat, 22 Dec 2007 13:15:39 +0000

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