Array
Real Estate

How Do You Divide Conjugal Property When You Get Annulled?

It's not as simple as 50/50.

Shares
Photography: Pexels

While we wait for the Philippine Divorce Bill to get its final approval by the Senate, there are still many couples currently going through (or seeking) legal separation or annulment.

Aside from the many painful moments both husband and wife might experience during the process, there is also the sticky situation of dividing any homes, condo units, lots, and other properties the couple have purchased. Here are a few important details to know:

Conjugal Property - what it means:

The law on Conjugal Partnership of Gains of Properties states that any property acquired by either spouse before they got married is exclusively his or hers. However, when they get married their exclusive properties are joined together as one estate with the Conjugal Property, and any “fruits” (i.e. income or increased value) from these properties should be shared between husband and wife.

What happens upon legal separation or annulment?

An inventory will be done of the exclusively owned properties and the properties the couple purchased together. Any debts or obligations incurred by the couple shall be deducted from the conjugal property, and the exclusive properties are delivered back to its respective owners.

ADVERTISEMENT - CONTINUE READING BELOW

The conjugal home shall go to the spouse with the kids.

CONTINUE READING BELOW
Recommended Videos

According to Art.  102 and 129 of the Family Code, the conjugal dwelling or home shall be given to the spouse with whom the majority of the common children of the marriage are living with—that is, unless the both parties have otherwise agreed to another type of arrangement.

Additional references: chanrobles.com and ndvlaw.com

More on Realliving.com.ph

Shares

Read more stories about

Latest Stories

This Couple Shares How They Went DIY With Their Cozy, Blush Pink Home

Soy and Crissy Valiente prove that hard work (and a lot of patience and paint) can help you upgrade your space and call it your own.

This Country, Shabby Chic-Inspired Balcony Makeover Is What Your Dainty Dreams Are Made Of

The space seamlessly connects with Christine Limaco's country-themed home!

Here’s Why You Should Look Forward to Art Fair 2021

This year's Art Fair will also be offering digital works for sale!

What's a Cloud Kitchen? This One May Soon Be in Your Neighborhood

Kraver's Canteen unveils their expansion plans.

Smokeless Grills That Are Not Just for Your Samgyupsal Nights

These smokeless grills can cook delicious food!

Turn Your Katol Into Home Decor With This Stylish Coil Case

In case that plain old katol ruins your home's aesthetic.

This Pink Kitchen Has Everything a Start-up Baker Would Need

Jan Nica Rivero built her dream kitchen!

Sophie Albert & Vin Abrenica Share a Sneak Peek of Their New Home

They're so excited to work on baby Avianna's nursery room!
Load More Stories

Get inspiring design ideas and handy hints.
Subscribe to our newsletter now!