Sale of conjugal properties by one spouse

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Wednesday, April 9, 2014


Atty. Maria Dee A. Seares-Del Rosario
Protecting women and children

CAN a husband sell the conjugal properties in the absence of the wife?

If a property is owned in common by both husband and the wife, the husband cannot sell the property in the absence of the wife, unless the latter executed a special power of attorney authorizing the husband to sell the property for and in her behalf.

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Article 124 of the Family Code of the Philippines provides that in the event one spouse is incapacitated or unable to participate in the administration of the properties, the other spouse can administer the properties. However, the law is very specific that this power of administration does not include the sale or mortgage of the properties.

In the event the husband sells the property without the authority of the wife, the sale is deemed void. But it does not result in the automatic dissolution of the sale.

The wife has two options available in this case. She may confirm the sale or she may ask the court to declare the sale void.

Published in the Sun.Star Cebu newspaper on April 10, 2014.

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