Q.  I left my husband two years ago. We’re both Canadian citizens, living separately here in Canada. We have a conjugal house & lot back in the Philippines. The sister of my ex-husband and her family have lived in the said house for almost 13 years now - for free.

Late last year my ex-husband called to inform me about the property being vacated. We have agreed verbally (by phone), to transfer the said property to our two children. 

However, the title of this property is still under our name, although the original title of this property is in the possession of my ex-husband.

Few years ago when we were still together, we put this property up for sale but his family kept on harassing our agent so the sale did not materialize.

The sale did not happen. Now, both my children are advising me to sell it but I don’t know how to start. I’ve learned that there is a family now renting the property starting early of late last year. His nephew collects the monthly rent. Apparently there is a contract made between my ex-husband and the tenants without my knowledge.

Does this hinder the sale if I pursue it? My daughter wants to sell it online, can she do this? Does she need my/our authorization?

Please advise me, I have sacrificed a lot for the sake of my children who are with me. I want a peaceful life. Thank you in advance.

My regards.

Ans:  If the property is a conjugal property, this means neither spouse can sell or dispose the property without the written consent of the other.

Firstly, selling the said property or a real estate online is out of the question. Although you can place an ad online for purposes soliciting interested buyers.

 There are formalities and documentations to be completed by both spouses.  Disposing the conjugal property, especially if  both spouses are still alive,  can be done in a straight forward manner by executing the appropriate  “Deed” like the Deed  of Absolute Sale” in favor of the  buyer.

This Deed of course must be duly signed or executed by the spouses as the seller and by the buyer. The execution of the Deed, can be done even if you are in Canada, by having the said documents notarized by our Philippine Consulate in Ontario .

Yes, the conjugal property can be sold or disposed even if there is a tenant in possession of the same. Of course, if there is a lease contract for such number of years/months , the term of the lease will have to be respected by the buyer or the new owner, especially so if this matter is expressly provided in the contract of lease .

As you mentioned, the subject  property  is being rented out by your ex-husband. And as co-owner yourself, you are entitled to one half of the proceeds or income of the property , as well as the obligation to share in whatever expenses necessary for the maintenance and preservation of the conjugal property . This obligation is also true with regard to your ex-husband .

Looking forward, you’ll find the above in  order.  Thank you for writing and good luck.

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