Dear Attorney,
I need legal advice regarding a property issue. My husband and I have been married for years, but we haven't had contact for two years. Recently, someone claimed they purchased property under my husband’s name, without my knowledge or agreement. Is it possible to sell a property titled in my husband’s name without my consent as his spouse?
Sincerely,
A Concerned Wife
Insights
Under Philippine law, the sale or disposition of property by one spouse without the consent of the other is governed by the Family Code of the Philippines. Specifically, this touches on the concept of conjugal property and the legal requirements for valid transactions concerning marital assets.
Conjugal Property and Consent Requirement
In a marriage, unless otherwise stipulated in a prenuptial agreement, properties acquired during the marriage generally form part of the conjugal partnership of gains (or absolute community of property, depending on the marital regime). Under the law, both spouses are considered co-owners of properties falling under the conjugal property regime, even if the title is solely under one spouse’s name.
According to Article 124 of the Family Code, for transactions involving conjugal property, the consent of both spouses is required. A sale or disposition of conjugal property by one spouse without the other's consent may be considered voidable. This is because the transaction was done without fulfilling the necessary legal requirement of mutual agreement.
Voidable Sale
A sale made without the consent of the other spouse is not automatically void but voidable. The aggrieved spouse (in this case, the wife) may file a legal action to annul or rescind the sale. However, the action to annul or void the sale must be timely, as there are statutory periods within which such actions may be brought.
If a buyer acts in bad faith—knowing the property is conjugal and lacking the other spouse's consent—the transaction can be challenged more easily. However, if the buyer acted in good faith, believing the seller had the right to dispose of the property, the situation may be more complex, though the sale can still be annulled.
Steps to Protect Conjugal Property Rights
- Consult a Lawyer: Legal advice is crucial to address the matter efficiently, especially if the property is already sold or in the process of transfer.
- File an Action for Annulment of Sale: If there is a lack of consent, an action can be filed to void the sale.
- Register an Adverse Claim: If the sale is still in process, the wife may register an adverse claim to prevent further transactions on the property.
Understanding the legal implications of conjugal property and the necessity of mutual consent is essential for safeguarding the rights of both spouses in any transaction involving their shared assets.