QUESTION:
Aldrin, me and my husband were separated already for 6 years. He now has a family of his own while I’m living with our son in Manila. Our marriage was not annulled. During our marriage, we were able to purchase a house and lot in Tagaytay City through our earnings while working in Makati. Now, I’ve heard that he’s planning to sell that Tagaytay property. Do I have a right on that property? Can he sell it?
ANSWER:
Yes, you have a right on that property. After all, the undeniable fact is that you’re still married to your husband.
That you’re separated already for 6 years doesn’t affect the marriage bond… doesn’t affect the legal tie… doesn’t affect the marital union.
Under our Family law, in the absence of a property arrangement between the spouses before marriage…
(otherwise known as pre-nuptial agreement)…
That, indeed, husband and wife will have absolute separation of their properties… (What’s yours is yours, what’s mine is mine)…
Their property relations will be governed by the regime of ABSOLUTE COMMUNITY OF PROPERTY.
Which means…
All the properties of the husband and the wife acquired before and after the wedding ceremony, and during the marriage itself… and all the fruits, income and rent arising from them… will be CO-OWNED by the spouses.
Which means…
Selling or disposing a property co-owned by the spouses cannot be made…
Without the concurrence of BOTH co-owners…
Which in this case, is you and your husband.
Therefore, you and your husband are the co-owners of the Tagaytay property.
Hence, your husband cannot sell the Tagaytay property without your conformity.
Selling it is against the law…
And any sale that’s executed in violation of the law is null and void.
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