Q. Hi. On 2002, my grandfather and grandmother donated a 10-hectare property to me, my siblings and my mother as our exclusive paraphernal properties with them retaining and reserving the right of usufruct.
They also gave us a 7-hectare property through a deed of sale executed by my uncle in consideration of P100,000 only and paid by my grandfather and grandmother with them also retaining the right of usufruct. Is this considered also a donation?
And I was married on 2015, without any marriage settlement. Does my wife have a claim over the said properties? Does the said properties form part of our absolute community property? Assuming I will file for a declaration of nullity of marriage and our marriage was declared void, will she have a claim in these properties? Sincerely, Mr. B
ANS: If the donated property from your grandparents in 2002 has no monetary consideration whatsoever, and there was acceptance made by the DONEE(S), the donation is valid, to the extent of the terms and conditions thereof. Such that it does not include the usufruct rights as reserved by the Donor. And under par. 1 of Art. 92 of the Family Code of the Philippines, even in the absence of a marriage settlement, the said property is EXCLUDED from the Absolute Community of the married spouses and remained as exclusive property of the Donee spouse.
As regards to the 7-hectare property which was covered by a Deed of Sale for and in Consideration of P100,000.00, this property could not be considered as Donation, as obviously it was conveyed to you by way of Deed of Sale, exclusive of usufructuary rights over the said property. And considering that no pre-nuptial or marriage settlement was executed between you and your wife, this property could be considered as part of the absolute Community property of the husband and the wife.
However, if your 2015 marriage will be declared by the court as null and void in accordance with law, it follows that since there was no marriage in the first place, then this property could not be regarded as part of the Absolute Community Property of the spouses but she has still claim or interest over the said property in relation to Art. 147 of the Family Code, which provides that in case of void marriage of the couple, “their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership. In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former’s efforts consisted in the care and maintenance of the family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation. When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children.
In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation. (144)”
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On Thu, Jan 24, 2019 at 5:00 PM balita balita <balita@sympatico.ca> wrote:
