BETRAYED FOR 10 YEARS

My husband has been an OFW for years but I, recently, discovered that he has a mistress. They have a son and has been having the illicit relationship for 10 years now. Worst is that my husband put up a restaurant business, placing all his savings but the resto is under the name of his mistress. I would like to file a case against the mistress who used my husband and to claim what is due for my children.

My husband is now back abroad and I'm asking him to send me all the proofs of his remittances to his mistress. Will it still form part of our conjugal property even if the resto is under the name of the mistress? I was able to download some proofs and pictures from the girl's face book. Can they be used in court?
My husband and his mistress were saying that they put up the resto for our children. What should I do to compel them to give me the documents showing the ownership proof?

Follow-up pls., can anyone send me a reply. I've gone through the so many forum here but there is no case exactly the same as mine.

Can I also file an estafa case against the mistress, as my husband made me believed that the resto business is for us and our children but all the ownership records were under the name of the mistress?

Can I file the civil case here in Manila while the resto and the mistress is in Davao?

yes you can file the case here, but be prepared for the responsibility of proving that the money for the restaurant came from your husband. yes, proof of remittances is a very good start.

Thanks for the reply AttyLLL,

The mistress now is claiming that she also has money placed in that restaurant, what proof do I need so I can file an estafa case against her? She intentionally placed the ownership under her name and is now hesitant to make my children as part owner of the resto business. Not even my husband is part owner of the
resto.

They are saying that their marital infidelity has stopped and it is purely business now. But I have proofs: pictures and e-mail auto reply of my husband that he stayed for 3 weeks at the girl's house last Dec., 2011. I only found out about it when the girl shared the pictures of the blessing of the resto in Dec., 2011 in her FB and I saw my husband in the picture. They also have continuous communication in FB using pseudo account. I confronted my husband about this and admitted all his lies and betrayal. Can I use these as proofs that they are still having marital infidelity?

I personally met and talked to the girl, recently. She promised that she will agree to my wish that she will arrange for the document ownership of my children and we will sell our share to her so everything will be cut, but it has been 3 weeks and nothing happens. Should I send her a demand letter?

yes, if your husband will issue an affidavit and testify also.

yes, you can send a demand letter.

Maraming salamat, AttyLLL. I really appreciate your help