Dear Atty. Peachy,

I am writing to seek your advice regarding a challenging situation with my estranged husband, Mark. We have been separated for about a year after several months of growing differences in our marriage.

During our time together, Mark and I purchased a piece of land, and both our names are on the title. Recently, I found out that Mark sold the property without my knowledge or consent. He has justified his actions by claiming that he was the sole breadwinner and that the property was primarily his investment.

Can Mark legally sell the property without my agreement? What options do I have to challenge this sale and ensure my rights are protected?

Thank you for your assistance.

Liza

***

Dear Liza,

Under the Family Code of the Philippines, properties acquired during marriage are typically classified as conjugal property, meaning both spouses have equal rights to it, regardless of individual contributions or whose name is on the title. Since both your names are on the title of the land, you have a legal claim to it, and Mark’s justification for selling the property solely based on being the breadwinner does not negate your rights.

Before escalating matters to court, you may use mediation as a step to resolve the dispute amicably. A neutral third party can help facilitate discussions between you and Mark.

If mediation fails or Mark does not cooperate, you can file a legal action in court. This could involve:

1. A Petition for Annulment of Sale: If the sale was conducted without your consent, you can petition the court to annul the sale based on the grounds that it violated the legal requirements under the Family Code.

2. A Complaint for Recovery of Property: You can file a case to recover your share of the property and contest the validity of the sale.

If the sale has not yet been finalized and recorded, and there is a risk that Mark could transfer ownership to the buyer, you can seek a Temporary Restraining Order to prevent the completion of the sale until the legal issues are resolved.

It is important to act promptly to safeguard your rights regarding the property. I hope this information helps you navigate your situation more effectively.

Atty. Peachy Selda-Gregorio