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Can a Bigamous couple sell property during their cohabitation?

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adomicbomb


Arresto Menor

Let's say Husband and Wife #2 owns a parcel of land, title'd in wife's name with husband as "married to." They sell that parcel of land to a buyer. Buyer pays the amount in full and successfully transfers the TCT to his name.

Is this sale legitimate? Does a bigamous couple have the right to sell property they acquired during their cohabitation and sold during their cohabitation if both sign the deed of absolute sale?

Would wife #1 have any remaining claim to the property sold to the innocent buyer once husband dies?

stellar isadore


Arresto Menor

pls pakisagot po ng tanong ni adomicbomb... i have a similar problem regarding my father naman na we just found out namatay napala 5 years ago... legally kasal sila ng mother ko.. and lived separately due to misunderstandings when i was over a year old...and now i am 26... we went to his place in bulacan to see him after 25 long years.. un nga found out he's dead 5 years ago.. and that may kinasama xa and nagpakasal daw sila...may inampon din silang batang babae.. and i dunno what i have to do...di na sana ako maghahabaol.. hiningi ko na lang ung death cert ng father ko sa kabit nya pero she hesitated... now i wanna go after all my father's left.. if there are any... pano ko po un malalaman?

attyLLL


moderator

adobic, is this a real scenario?

stellar, answered your pm

https://www.facebook.com/BPOEmployeeAdvocate/

adomicbomb


Arresto Menor

Hi Attorney,

Very real scenario po ito, and we would immensely appreciate any advice on this matter po.

Maraming salamat attorney

attyLLL


moderator

yes, it is valid. as to the buyer, if he had no knowledge of the defect then he is a buyer in good faith. as to the real wife, she has to institute a complaint to return the man's share to the conjugal assets.

https://www.facebook.com/BPOEmployeeAdvocate/

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