unfaithful wife--entitled ba sa hatian ng properties?

[vito corleone]

in case a couple's marriage gets annulled because of the wife's infidelity, is she still entitled by the law to get a share of the properties?. . .also, will the man get the custody of the children relying on the wife's fault?

uunahan ko na, this is not my story; sa kumpare ko. . .what can he do for the interest of the business he has put up and the kids?

maraming salamat.

[v6dreamer]

If you suspect that the spouse is cheating on him, you or your friend can hire the services of a private detective who would work as a divorce detective. A private eye can use a number of techniques to substantiate claims of infidelity. The evidence that the divorce investigator collects, can include photographs, video clippings, hotel bills, interrogation of witnesses, recorded conversations and computer files. These findings by the private investigator would form a crucial part of the divorce investigations. In at-fault divorce states, a spouse who files for divorce on grounds of marital misconduct is typically awarded a larger proportion of the marital property.

I dont know if divorce are legal in Philippines. The most common type of divorce that we see everyday is legally termed absolute divorce. This type of divorce entails a complete dissolution of a marriage. The legal grounds for an absolute divorce are determined by the laws of respective states. Typically absolute divorce can be granted on grounds of marital misconduct (at-fault) or simply because a couple just cannot get along (no-fault).The distinction between at-fault divorce and no-fault divorce can have a significant impact on the outcome of the legal proceedings.

[jeDi13]

as far as I can remember, there's no divorce here in the Philippines, only annulment..

[ghosthunter]

Unfortunately, in the Philippine law, conjugal property must be split between the two spouses if they decide to file for either annulment or separation.

But you can limit what she can get if you can transfer the ownership of the properties to either a corporation or to another name before filing for annulment or separation. This would protect the property from being included into the proceedings.

[chua_riwap]

"Iniputan" ka na.....nagloko na't lahat, may hati pa siya sa mga poperties na pundar niyo?

Unfair ata.......

[ab_initio]

easiest step to take is legal separation muna if he needs to protect his property. but then, offending spouse's share to be forfeited shall only cover the net profits of the absolute community or the conjugal partnership. the forfeited share goes to the children, if the couple got no child, to the innocent spouse.

mahirap yata i prove ang infidelity...which is constitutive of psychological incapacity. with regards to custody, the Court shall designate insofar as the children concerned are 7 y.o./over 7, taking into consideration the children's choice, unless the court finds the chosen parent unfit, i. e. chosen parent is a drug addict and compel the children to push...even if a woman is of dubious moral character, the same does not cause her to lose custody. for children under seven years of age, they shall not be separated from the mother unless the court finds compelling reasons to deny her custody over the under seven children.

pag legally separated kayo, at true na may ibang lalaki na nakikisawsaw, mabubuntis din yun...easier to prove ang adultery...so when she gets pregnant na legally separated kayo bed and board...madali mong sabihin di mo anak...di na iyan maghahabol ng pera mo. hehehehe

[ab_initio]

OT: bilib ako sa kumpare mo Sir, he admitted that na iniiputan siya...i have known lots of men na ganito pero di nila inaamin...di nagkakaso...kasi di nila matanggap na kinakaliwa sila. yan ang crisis sa buhay mag asawa...

by the way, bakit nangangaliwa si misis, Sir?

[adamsapple]

check this site to get more legal advice & information
http://famli.blogspot.com/2007/12/ho...ur-spouse.html

HOW TO DISINHERIT YOUR SPOUSE Atty. Gerry T. Galacio
Spouses no longer have the right to inherit from one another after their marriage is annulled (for voidable marriages) or declared null and void (for void marriages).

There are situations however when the spouses are merely separated without having gone through the judicial process of annulment or declaration of nullity. There may also have been instances of abuse where physical separation became necessary. In instances of actual separation of the spouses where there are no judicial proceedings for annulment, declaration of nullity or even legal separation, I have counseled people to, at the very least, file a petition for judicial separation of property as provided for by Articles 134 up to 142 of the Family Code.

Requisites and grounds for disinheriting a spouse

In extreme situations, instead of judical separation of property, I have counseled some people to disinherit their spouses. Please take note that the law is very strict in the matter of disinheritance. If the requisites are not complied with, the disinheritance can be set aside. You must seek the help of a lawyer-notary public who is well-versed in the requisites stated in the New Civil Code of the Philippines.

The requisites of valid disinheritance under Art. 918 of the New Civil Code are:

[1] It must be done in a valid will;
[2] It must be express;
[3] There must be a true cause;
[4] The cause must be existing;
[5] It must be total and complete;
[6] The cause must be stated in the will;
[7] The heir disinherited must be identified;
[8] The will must not have been revoked.

The grounds for the disinheritance of a spouse under Art. 921 of the New Civil Code are:

[1] When the spouse has been convicted of an attempt against the life of the testator, his or her descendants or ascendants;
[2] When the spouse has accused the testator of a crime punishable by imprisonment of six years or more, and the accusation is false;
[3] When the spouse, by fraud, violence, intimidation or undue influence causes the testator to make a will or to change it;
[4] When the spouse has given cause for legal separation;
[5] When the spouse has given grounds for loss of parental authority;
[6] Unjustifiable refusal to support the children or the other spouse.

Posted by Atty. Gerry T. Galacio at Friday, December 07, 2007

[macsd]

if they are lefgally married, absolute ang share ng mag asawa. kung they have been living in lang, eh walang habol yun.

i recommendation ko kay mr is he file bankrupcy. cymepre, he need to script this out then dispose all assets. then he start anew after all the annulment proceedings has been completed.

[leonleon]

in case a couple's marriage gets annulled because of the wife's infidelity, is she still entitled by the law to get a share of the properties?. . .also, will the man get the custody of the children relying on the wife's fault?

uunahan ko na, this is not my story; sa kumpare ko. . .what can he do for the interest of the business he has put up and the kids?

maraming salamat.

Best to consult a lawyer. Atty. Katrina Legarda comes to mind. Good luck.

[zman]

unfaithful wife--entitled ba sa hatian ng properties?

An unfaithful wife is just as entitled as an unfaithful husband sa hatian ng properties.

Afaik, as long as the property was acquired from the time they got married each has an equal share in it. Siguro, depende na sa lawyers as to how the assets would be split up.

[_Cathy_]

Dapat ata talaga may pre nup. Kaya pala yung kilala ko di pumayag family ng babae sa kasalan hanggang walang pre nup.

[ab_initio]

the default regime of property now is absolute community of property, meaning, everything brought into the marriage shall be divided in equal share at the end of the marriage. for some wealthy families who wanna protect their fortune, prenuptial agreement comes to somehow protect it from getting the fortune sought to be protected from being dissipated. depende pa rin on the stipulation of both parties. let's not forget that spouses are considered an heir to each other. so prenup does not really protect the wealthy spouse...it cannot completely shield him/her from any undue advantage, etc.

OT:
essential in marriage is trust. that one is impelled to marry the other for no other reason but the so called love.

BTT:

if during the subsistence of marriage, one party finds the other unfit in making the fortune grow by doing something detrimental to the welfare of the family, and if the economics is the urgent and pressing concern, to my mind, it's better to have legal separation first...and well maybe as a prelude to a possible annulment...

[badkuk]

mahirap yata i prove ang infidelity...which is constitutive of psychological incapacity.

hmmm...wouldn't any incriminating photos prove this? sabagay mahirap kunan ng patago

[ab_initio]

if you have photos, get a good lawyer, engaged Sir TP, to have both of them prosecuted for adultery. if the guy is also married, kutsabahin mo ang asawa na mag file ng concubinage, para walang defense ang lalaki sa adultery. pag meron ka niyan si Sir TP na bahala sau...hehehehe

[1D4LV]

in case a couple's marriage gets annulled because of the wife's infidelity, is she still entitled by the law to get a share of the properties?. . .also, will the man get the custody of the children relying on the wife's fault?

uunahan ko na, this is not my story; sa kumpare ko. . .what can he do for the interest of the business he has put up and the kids?

maraming salamat.

the answer is yes. because their properties are considered conjugal. so pag annulled yung marriage, all of the conjugal properties are to be divided into two.

[tsupermario]

what can he do for the interest of the business he has put up...

what kind of business? probably he can set up a corporation tapos dummy shareholders

[ghosthunter]

what kind of business? probably he can set up a corporation tapos dummy shareholders

Usually a holding company with incorporators from the guy's family as shareholders.

[mey0r]

OT: bilib ako sa kumpare mo Sir, he admitted that na iniiputan siya...i have known lots of men na ganito pero di nila inaamin...di nagkakaso...kasi di nila matanggap na kinakaliwa sila. yan ang crisis sa buhay mag asawa...

by the way, bakit nangangaliwa si misis, Sir?

*ab_initio. pambihira inusisa pa hehe :P

a tapang a tao sir kumpare mo. parang yung kwento ng kaibigan ko yan. misis nya inaalagaan ng meyor hehehe. :P

[vito corleone]

salamat sa mga advices, mga bro, sis. . .
this is a case of a husband so busy with his work (local) and si misis na naiwan sa manila e inahas at nagpadala naman sa isang oportunista na walang respeto sa kapwa nya tao

pero, believe ako sa cool ng kumpare ko. . .he won't pursue it daw 'coz he doesn't care about that woman anymore. . .baka lang daw magdilim ang paningin nya pag kinompronta nya at me mangyari lang na masama which will cause the ruin of his business then lalong maging kawawa ang mga anak nya. . .no action daw for now from his side. . .i guess wala na syang amor sa sa asawa nya. . .