Q. I would like to request clarification on the validity of ownership for a piece of property purchased by my Mother sometime in 1996.
After the execution of the Deed of Absolutely sale of the subject property the same was registered and the land title that was issued bared the names of my mother, my sister and me showing that I am married to my wife.
I got married In Manila in 1992 and was granted Divorce in Canada in 2010. My ex-wife and I are both Canadian citizens.
My mother would like to sell the property and exclude my ex-wife in the sale transaction because according to her the money used in the purchase of the said property came from her purse. Is this legal?
The prospective buyer is wary that the exclusion of my ex-wife in the sale will complicate the registration process with the Registry of Deeds since my ex-wife’s name is also in the Transfer Certificate of Title (TCT) as then my wife.
I tried securing her conformity to the sale and asked her to sign a Special Power of Attorney (SPA) for the purpose, but she refuses and continues to refuse to cooperate. I have initiated on numerous occasions for a peaceful and amicable dialogue to resolve the matter but to no avail.
Can you please enlighten us if the actuations of my ex-wife in refusing to cooperate are legal? Is my ex-wife considered also as co-owner of the property?
And considering further that we are already divorced and subject to Canadian law.
Ans:
Based on the title of the subject property, it appears that there is co-ownership amongst you, your mother and your sister over the subject property.
The inclusion of the name of your ex-wife as “married to you” at the time of the transfer of the property was a matter of course. Being then married to your ex- wife, your share/portion or interest in the co-ownership is presumed a matrimonial or absolute community property of the spouses.
As you were married in 1992, the Family Code governs your marriage and your property relations. Under the law, properties acquired during marriage form part of the absolute community property of the spouses. The above being the case, your wife has therefore an interest over this property.
You mentioned that you and your wife got a divorce in 2010 and both of you are now Canadian citizens. Assuming that at the time you got your divorce, either or both of you were already Canadian citizens, then that divorce could be recognized in the Philippines, by filing the a petition in the Philippine Court for judicial recognition of a Foreign Judgment and more particularly the Divorce/Decree/Judgment issued by the Canadian Court.
Since your wife, refuses to cooperate with you, by way of giving her consent in the disposal or sale of the property, your remedy is to seek judicial relief in the Philippines for the Dissolution/or Liquidation of your Conjugal or matrimonial properties/assets ,vis-à-vis the divorce judgment issued by the Court here in Canada .
The judicial relief for the dissolution/liquidation of your conjugal assets /estate is even more imperative, should you and your ex-wife have a child or children.
Under the law, a child or children is/are entitled to their “presumptive legitime” from the estate or conjugal properties of their parents in the event of liquidation or dissolution of the same . To save time and money, you can ask your lawyer in the Philippines, to consolidate in your Petition for the Recognition of Foreign Judgment with the Dissolution or Liquidation of your conjugal or matrimonial properties in the Philippines, in view of your divorce with your wife earlier.
Looking forward you’ll find the above in order. Thank you for writing.
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