Wife sells car, real estate sans knowledge, consent of husband
"I am an overseas Filipino worker in Hong Kong. Last year, my wife sold our car without my knowledge and consent. The car was registered in my name. Last month, she mortgaged the house and lot that I bought for our daughter without my knowledge and consent. I believe the house and lot was registered in the name of our daughter. Are these transactions of my wife valid? What can I do? My wife is alcoholic, always violent and subjects people to verbal abuse. Moreover, she is incapable of managing our finances.
We would like to apprise you that you have a remedy against the actuations of your wife. Article 96 of the Family Code provides that if “one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of administration.”The law says further: “These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. x x x”
Although your wife is empowered by law to administer and enjoy the properties owned by both of you in common, she is not permitted to dispose and encumber the same without your knowledge and consent. Accordingly, the selling of the car and the mortgaging of the house and lot by your wife without your knowledge and consent are void. Consequently, you can file an action for the nullification of the contracts executed by your wife in the sale of the car and in the mortgage of the house and lot.It bears stressing also that the action to nullify the contract entered into by your wife will not have any prescriptive period as the said contracts are null and void. Thus, you can file the said action anytime that you are in the Philippines.
Furthermore, there is a big probability of obtaining back from the buyer the car sold by your wife since the said buyer cannot be considered as a purchaser in good faith. The buyer could have easily gleaned in the face of the Original Receipt and Certificate of Registration (OR/CR) of the car that it is not your wife who is the registered owner. Evidently, your wife has no legal right to sell the same.As to the house and lot, since you mentioned that you believe that the title to the same is in the name of your daughter, you have to prove during the trial that the property was actually acquired by you during the marriage, thus, it became part of the community property, for you to be able to ask the court to nullify the contract of mortgage entered into by your wife without your knowledge and consent.We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com."
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"Wife sells car, real estate sans knowledge, consent of husband"
was written by Mary
under the Legal Advice
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comments. The article was created on 16 September 2021
and updated on 16 September 2021