We will be soon separated.
I bought all my properties,like house,jeepney,motorcycle,lands,and other small valuable things.
I want all that I have to give to my 3 yr.old son.for his future education because my husband have nothing.Thanks
2007-12-11 22:17:24 · 23 answers · asked by sweetie29 6 in Travel ➔ Asia Pacific ➔ Philippines
We get married in Philippines we are all Filipinos.I worked hard abroad until now while my husband doing nothing.I bought everything that we had.
2007-12-11 22:27:32 · update #1
depends on when you got married.
The new Family code states that whatever you have and still have at the time you married and divorced will be divided into two when you are seperated.
You can take the land and have it titles to your son. You can sell the other stuff and you can ask to stay at your house.
2007-12-12 19:18:45 · answer #1 · answered by looking 4 a summer job 5 · 0⤊ 0⤋
If all your properties were bought after your marriage, then these are considered conjugal properties therefore, he gets half of what you own. That's the law. In like manner, all properties you own while still single and which you brought with you on your marriage is also considered part of your conjugal property. The only thing he cannot have a share are properties you inherited from your parents before your marriage. Better consult a lawyer to help you with your problem. He can explain to you more about paraphernal and conjugal properties. Good luck!
2007-12-11 23:07:19 · answer #2 · answered by annabelle p 7 · 0⤊ 0⤋
If you were married before Aug. 31, 1988, then all the properties you owned before your marriage is considered as your exclusive property meaning your husband gets zero if you separate. However, certain rules govern as regards properties acquired during the marriage. Please refer to the link below, the provision relevant to this would be Art. 109.
However, if you were married after Aug. 31, 1988, then all your properties are considered as jointly acquired by you and your husband the marriage. Therefore, he gets half of all you own.
On the other hand, if you will be legally separated, make sure you tell your lawyer to ask for the declaration of the presumptive legitime of your child so as to prevent your husband from squandering all the properties he will receive when you separate.
And make sure you get a good lawyer!
2007-12-12 02:16:49 · answer #3 · answered by Rhythm of the Falling Rain 7 · 0⤊ 0⤋
In most states its the 50/50 rule. Now if you can prove that you owned items prior to marriage and prove that you were the only contributor you might want to find a good lawyer.
Is it any different then the husband (sole supporter) who has provided a home, furnishings, etc loosing all to the wife in a divorce action.
The only winner is the lawyer, he gets his too.
2007-12-11 22:23:47 · answer #4 · answered by jay_d_skinner 5 · 1⤊ 0⤋
If before you get married, you had pre-nuptial agreement, well, you're on the safe side. But if not, you will have to give half of your conjugal properties as well as the properties that you acquired when you';re still single.
Hope you could reconcile for the sake of your kid. Take care and may the spirit of Christmas serve as the way for you to kiss and make up; and forgive and forget.
GOD BLESS THE COUPLE.
2007-12-11 22:23:49 · answer #5 · answered by Mutya P 7 · 0⤊ 1⤋
I go with Ms. Anabelle. It's either you have a pre-nuptial agreement which says he can't have a share of what you own pre-marriage or what you will buy on your own money. Or all gets accounted as conjugal properties. Seek a good lawyer. After all, you have worked hard for that, not him.
2007-12-11 23:14:26 · answer #6 · answered by battgirl 7 · 0⤊ 0⤋
i'm sorry, but, yes. he can claim half of the properties you, either of you, or both of you have accumulated during the period which your marriage was still in effect.
under the law, the properties accumulated within the period by a couple legally bound by marriage is considered conjugal. if, in any case the couple decides to annul its marriage, the properties that are deemed conjugal must be divided equally between former spouses.
2007-12-11 22:29:34 · answer #7 · answered by james 3 · 2⤊ 0⤋
if you are in America. you will have 75% of winning in the court but if you are in Philippines than you have to find out the rule for getting or being separated. I will say give him the motorcycle because your son only 3 and keep all the other stuffs. good luck and hope you get to keep all your stuffs. you work hard for it.
2007-12-11 22:37:22 · answer #8 · answered by ? 7 · 0⤊ 1⤋
Can he afford a lawyer? If all your property's in your name then it's yours. I know he's going to ask you for something and you'll be seperated but he'll be living around your area right? Just keep an eye on things and make sure everybody knows your seperated and he has no right claiming anything that you have.
2007-12-11 22:34:01 · answer #9 · answered by Fess827 2 · 0⤊ 1⤋
Hire a good attorney and do your best not to give anything to your husband. You work hard overseas while he's doing nothing at home. Why would he claim for something he didnt work for where in fact he should be the one working to raise your family. I bet all he did while you're overseas was to spend your money in beer and in the worst case to other woman....
2007-12-12 00:05:15 · answer #10 · answered by Roszi Love 4 · 1⤊ 1⤋