When a deed of sale is not notarized
"My marriage lasted for only two years because it was declared by the court as void sometime in 2006. The partition of the property was not mentioned in the decision. When I talked to my husband regarding the partition of our house and lot, he claimed that we are no longer the owners because the property was already sold to my daughter. I was surprised when he presented a Deed of Sale which we allegedly signed as vendors. The said deed, however, was not notarized and the Torrens Title covering the property is still in our name. Please guide me on this matter.
The provision of law governing the properties acquired during the marriage is found under Article 147 of the Family Code of the Philippines:“When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, 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.
Xxx xxx xxx”.After the dissolution of your marriage, you and your previous husband are co-owners of the property (house and lot) which was acquired during the marriage unless one of you can prove that he/she bought the property using his/her exclusive fund. In the absence of proof, the property shall be owned in equal shares.The property remains to be co-owned by you and your husband because the Torrens Title issued in your names was not yet cancelled. In the case of Barrido vs. Nonato (G.R. No. 176492, October 20, 2014), the Supreme Court through Honorable Associate Justice Diosdado M. Peralta stated that:“Here, the former spouses both agree that they acquired the subject property during the subsistence of their marriage. Thus, it shall be presumed to have been obtained by their joint efforts, work or industry, and shall be jointly owned by them in equal shares. Barrido, however, claims that the ownership over the property in question is already vested on their children, by virtue of a Deed of Sale. But aside from the title to the property still being registered in the names of the former spouses, said document of sale does not bear a notarization of a notary public. It must be noted that without the notarial seal, a document remains to be private and cannot be converted into a public document, making it inadmissible in evidence unless properly authenticated. Unfortunately, Barrido failed to prove its due execution and authenticity. In fact, she merely annexed said Deed of Sale to her position paper. Therefore, the subject property remains to be owned in common by Nonato and Barrido, which should be divided in accordance with the rules on co-ownership.”
Applying the above decision in your situation, it is essential that your husband must prove the due execution and authenticity of the Deed of Sale, because it was not notarized. Otherwise the said document cannot be admitted as evidence in case he will offer the document as evidence.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to ."
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"When a deed of sale is not notarized"
was written by Mary
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comments. The article was created on 15 September 2021
and updated on 15 September 2021