Q. Hi Atty Wong, ask ko lang po kung pwede kaming bumili nang partner ko nang lupa sa Pilipinas. Kasalukuyan pong naka file sa court ang kanyang annulment.
I’m a Canadian citizen and he is Filipino but working in Kuwait. Hindi po ba hahabulin nang ex-wife niya ang bibilhin naming property?
Gusto ko lang pong makasiguro bago kami bumili nang lupa. Maraming salamat po and God Bless! Almeda.
Ans: It is strongly suggested that you and your partner should refrain from buying and acquiring properties, whether real or personal, pending the outcome and resolution of his annulment case by the Court.
Under the existing law, except when the couple have pre-nuptial agreement providing for a complete separation of properties during the regime of their marriage , all properties acquired during the marriage are either conjugal or absolute community properties of the spouse. Thus, obviously, if your partner acquires properties, the same could be included as part of their properties own and acquired during such marriage.
Under the above circumstances, ang wife ay maari pa ring mag habol doon sa mga nasaging properties kasi kung tutuusin, magiging ex-wife lamang ang siya ng partner mo pag na grant na ng court ang annulment.
So hanggang hindi pa na grant ang annulment, their marriage still subsist and valid for all intents and purposes . This include her status as the lawful wife who are entitled to a share of their matrimonial properties in the event of its liquidation be reason of death, legal separation or in the annulment of their marriage.
Maging “ex-wife” lamang siya, kung and annulment ng marriage and mapag-bigyan ng husgado. So habang wala pang annulment, ang wife ay maaring mag habol ng ano mang properties na ma-acquire during the time that the marriage is still valid and subsisting or until the marriage is annulled.
So the safest thing to do, is for you and your partner to just wait and forego the buying of properties whether in the Philippines or outside of the country, until a favorable resolution from the court is promulgated , giving due course to the annulment petition.
Thank you for writing and good luck.