Titulo ng property ng mag nobyo
Titulo ng property ng mag nobyo
Mayroon pong condo ang mag nobyo na si Juana at Juan. Sa loob ng liamng taon, si nobya ang nagbabayad ng houserent at bills habang hindi pa naturnover ang condo at si nobyo ang direktang nagbabayad ng condo nila gamit ang bank account nito. Nakapangalan sa kanilang dalawa ang property ngunit naghiwalay sila bago pa man ito ma turn over. Paano idadaan sa legal process po para makuha ni nobya ang share nya kahit mga panahon lang na sya ang nagbabayad ng house rent at bills nila?
Art. 147. of the Family Code states: “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.”
In accordance to Art 147. of the Family Code, co-owned niyo ni juan and juana ang condo.
Ang sabi ng batas, Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned. (Art. 494, Civil Code)
Now, ang remedy to get the share of the condo is to file for Partition under Rule 69. of the Rules of Court. 1st i-dedetermine muna ng court if co-owner nga ba talaga ung nag file ng complaint, 2nd, if co-owner nga talaga si Juana according to court, mag aask ang court kung pwede niyo ito pag-agreehan nalang. if not, tutuloy sa partition proceedings.
Disclaimer: Please be advised that the following information is provided solely for general reference and informational purposes. It is not intended as a comprehensive or articulate legal advice due to the absence of complete knowledge regarding the specific circumstances of the case or issue at hand. Kindly consider this as a general overview to gain a preliminary understanding of your situation