About Conjugal Property

Magandang gabi po. Question po sana about sa situation ko.

My husband and I got married Oct2008 and separated physically on Dec2008. No annulment, no legal separation. Just physically.

I am using my maiden name with all of my documents except for my SSS and TIN. Now, in the next 2-3 months, I am planning to put up a business of my own and buy properties as an investment to secure na rin my son's future since we aren't receiving any support from my husband ever since.

The question is:
1) Kahit na nkapangalan ang mga properties under my maiden name, since they were acquired after we got married, maki-claim po ba ng husband ko yun as conjugal property if ever na magpa-annul kme in time?


Thank you po!

he may claim it as such because properties acquired during the marriage are presumed conjugal

karl704 wrote:he may claim it as such because properties acquired during the marriage are presumed conjugal

awww! Thank you so much for your reply. Argh! Ang swerte naman niya kung icclaim niya, inabandona na nga niya kame at hindi binigyan ni isang kusing tapos my parte pa siya sa mga balak kong ipundar? so unfair.

he can claim it kung tlagang makapal ang mukha nya.but that doesnt mean he can get it when it goes to court. it is just a presumption and it is a disputable one.

Salamt po tlg s reply niyo. Pero makapl po tlg mukha nun..AS IN. Dami napo kaya niyang gnwang kakapalan ng mukha nubg kme pa..pero dq pinansin dahil nga po mahal q a siya noon. Anyway, knowing him, nttkot npo yta akong mgpundar pra sa amin ng anak ko.. merun po bng alternatives pra mkpgpundar ako? Like ipangalan q s anak ko or kaptid ko?

yes pwede yun. you can also file a petition for judicial separation of property on the ground of abandonment so that you can acquire properties yourself after the court orders a separation of property.

By any chance po, alam niyo po ba kung anu procedures and requirements for filing a petition for judicial separation of properties?

Jhai Reambillo wrote:By any chance po, alam niyo po ba kung anu procedures and requirements for filing a petition for judicial separation of properties?

I Have the same situation and would also need a legal document per the bank that I checked with.

I have been separated from my wife since 2007 and not in good terms, she went to US. Now I am purchasing a condo unit but developer suggested I declare myself single and work on an "in house" financing which is quite high in interest.

I'm almost done with the down payment and got an advise from them to also check with some banks that could approve bank financing/loan because they have lower interest rates.

One bank said they wouldn't declare me single but the spouse signature requirement in the loan application could be waived if I could present a lawyer's statement (somehow an affidavit, not the legal separation) stating we've been separated since x, with witnesses x.

Can you help me look for a lawyer that can work on this?

just ask for a sample from the bank

Why not file a child support since u r married.