Land Title is Owner married to

Hi,

We have a case here..

The owner consent his son to sell his share. The daughters said that their mom will not sign the contract. As for them it was a conjugal property. Their father inherited the land and the title goes like "married to"..

We dont know how to proceed. Deed of sale has been processed already.

> If we give initial payment even if the title is not yet ready will it be void if their mother will not sign?

> Do we really need their mother's signature?

Thanks,
che

If the father inherited the property during the marriage, then that is his exclusive property. He may dispose of it by himself especially if the title is under his name. A deed of sale between him and the buyer is valid.

Oh, that's a relief and reply is so fast.. thank you..

good luck!

Hi again..

Can i just clarify .. A friend of mine disagree of the advice. Said "It is his exclusive property if he inherited it before marriage not during the marriage"..

Need ur help again..

Regards

Churvic wrote:Hi again..

Can i just clarify .. A friend of mine disagree of the advice. Said "It is his exclusive property if he inherited it before marriage not during the marriage"..

Need ur help again..

Regards

By experience on same problem, my father inherited a lot from his mother and my father acquired it during/within the marriage and had the title "... married to...name of my mother". It was considered as a conjugal property for the reason that by adding my mother's name, he is making it as conjugal/common/absolute property of their marriage. This happened when we sold the property. There was an article either in Civil Code or Family Code that substantiates the controversy cited to me, but I forgot it now.Hnd ko lng alam kung ito ang mga articles: Quote ko sa Family
Art. 88. The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. Any stipulation, express or implied, for the commencement of the community regime at any other time shall be void. (145a)
Art. 91. Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. (197a)
Art. 93. Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom. (160).
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I am not a lawyer, I am only an ordinary person commenting based on experience and little knowledge acquired during my life...

See FAMILY CODE

Art. 92. The following shall be excluded from the community property:

(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property;

Art. 109. The following shall be the exclusive property of each spouse:

(2) That which each acquires during the marriage by gratuitous title;

Thank you all..

Appreciate the replies..

If written in the title like "Own by Mr. So married to Ms. So..." the signature of Ms. So is not necessary in the deeds of sale. The signature of the principal owner, who is Mr. So is enough to make the transaction valid. But if the title goes like this " Own by spouses mr so and ms so..." then the signatures of both are needed.