Q. I have been in Canada for over three(3) years . I want to sponsor my husband and two children who are still in the Philippines to join me here in Canada. I have a complicated family life affecting the properties of my husband from his previous relations with another woman as well as my properties too.
We want to sell our properties in the Philippines but I was told that there are legal issues that must be resolved concerning some of these properties. Before I married my husband, who was then a widower, he cohabited with another widow for about five(5) years. In the course of living together, they were able to acquire a parcel of rice land in their province. I was told that the money that was used for the purchase of this property came from their respective contributions. In addition, during such cohabitation, my husband, was able to buy a hectare of coconut plantation using his own money.
After they separated, I married my husband in 1989. A year after our marriage, I purchased a mango orchard in our town using my own money.
Through your column, I want to know the legal rights of all the concerned parties’ particularly:
1) The Riceland that was jointly purchased by my husband and his partner prior to our marriage.
2) The coconut plantation that was purchased by my husband using his own money during the time when they were still living together.
3) What about the mango orchard that I purchased using my own money , a year after my marriage. Who is the owner of this property ?
Your legal advice will definitely guide me through in dealing with this complicated situation I have explained above. Thank you and more power! Sarah.
ANS. 1) As regards the Riceland, the said property is owned by both of them in common. Their property relations are governed by the law on co-ownership, considering that they were not married to each other. In the absence of evidence to the contrary, the law presumes that their respective ownership is equal or on a 50-50 basis, pursuant to Article 147 of the Family Code , as amended.
2) With respect to the coconut plantation, this property is considered an exclusive property of your husband pursuant to Article 148 of the Family Code.
3). As to the mango orchard that you purchased, using your own money, after you were married to your husband, the said property is considered by law as co-owned by you and your husband. This principle is likewise true with respect to the Riceland and the coconut plantations which were owned by your husband prior to your marriage.
This means that after your marriage, half of the interest of the Riceland, as well as the coconut plantation, now jointly belongs to you and your husband, despite of the fact that the said properties were acquired prior to your marriage with him. This is pursuant to Articles 75,90 and 91 of the Family Code, otherwise known as the absolute community property regime, governing the property relations of spouses, unless a different property regime was agreed upon between the spouses prior to their marriage by way of pre-nuptial agreement.
Looking forward you’ll find the above in order. Thank you.
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