Hay nako, mga kapitbahay! Let’s talk about a topic na medyo magulo pero kailangan pag-usapan: Conjugal property rights when your father decides to have a second family.
Thirty years of marriage, tapos biglang may kabit? Ang sakit naman niyan! Pero aside from the emotional damage, importante rin malaman ang legal side, lalo na pagdating sa properties.
Ano Nga Ba Ang Conjugal Property?
In the Philippines, the minute you say “I do,” automatic na yan, you’re under Conjugal Partnership of Gains. It means, whatever you and your spouse earn together during the marriage, you BOTH own it 50/50.
Think of it like this:
- Before the wedding: Kung ano ang sa’yo, sa’yo lang. Kung ano ang kanya, kanya lang.
- After the wedding: Lahat ng pinaghirapan ninyong dalawa, hati kayo diyan.
Pero may mga exceptions:
- Inheritance
- Donation specifically given to only one spouse
- Properties acquired before the marriage
Paano Kung May Kabit?
Dito na papasok ang concubinage. It’s basically cheating, pero may legal term na. At kung mapapatunayan na may concubine si mister, pwede itong magkaroon ng impact sa conjugal property.
Can My Mom Get More Than Her Share?
Here’s the thing, bes: Just because your dad has a kabit, it doesn’t automatically mean your mom gets more than half of the conjugal property.
Here’s why:
- Conjugal property is about the marriage, not the kabit: The law looks at what the couple built TOGETHER during their marriage.
- Proof is everything: Your mom needs to prove that there was indeed concubinage, and that’s not as simple as showing a picture together. It requires evidence, like your father living with the other woman or having children with her.
So, What Are My Mom’s Options?
If your mom can prove concubinage, she can file for legal separation. This means they are still technically married in the eyes of the law, but they are living separately and have divided their properties.
During legal separation:
- The court will decide how to split the conjugal property.
- They might give your mom a bigger share, especially if she was financially dependent on your dad.
But there’s a catch: Legal separation doesn’t come cheap. You need a lawyer, and legal proceedings take time and money.
What If My Parents Don’t Want Legal Separation?
If they want to work things out (who knows, baka may forever pa!), they can consider marriage counselling. It’s a way for them to communicate and hopefully, fix their issues.
Pero kung ayaw na talaga ni mama:
- She can file for annulment, which means their marriage will be considered void from the beginning. This is a longer and more complicated process, requiring specific grounds like fraud or psychological incapacity.
- Or, she can also file a case for Support from your father. This means that even if they are not legally separated or annulled, your father is still obligated to provide financial support to your mother.
Important Reminders:
- This is just a general guide: Every case is unique, so it’s important to consult with a lawyer specializing in family law for advice tailored to your family’s situation.
- Don’t rely on hearsay: Make sure you’re getting information from reliable sources, like lawyers and official government websites.
- Focus on what’s important: This is a difficult situation for your family. Focus on supporting each other and finding the best way to move forward.
Remember: While property is important, nothing can compensate for the pain and betrayal caused by infidelity.
At the end of the day, focus on what will bring your family peace and healing.