Conjugal property

Dear Atty. Nico,

My husband and I have been married since 1986. We were blessed with two children, a boy and a girl. We also bought a house and lot in Quezon City in 1990.

However, during time of Covid-19, my husband informed me that he would be moving out of the house because he did not love me anymore. Eventually, I discovered that he was living with another woman whom he met in 2019.

Although devastated by the news, it did not deter me from moving on and raising my two children by myself.

Recently, a couple went to our house and told me that my husband sold our house and lot to them, as evidenced by a Deed of Sale. I did not know nor did I approve of such transaction.

Can my husband sell the house and lot we bought together without my knowledge and/or consent? I hope you can help me. Thank you.

Agatha

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Dear Agatha,

Based on recent jurisprudence, the Court held that if the husband, without knowledge and consent of the wife, sells conjugal property, such sale is void. If the sale was with knowledge but without the approval of the wife, thereby resulting in a disagreement, such sale is annullable at the instance of the wife who is given five years from the date the contracting implementing the decision of the husband to institute the case.

In Spouses Ravina v Mary Ann P. Villa, et al., the Court opined that a sale or encumbrance of conjugal property concluded after the effectivity of the Family Code on 3 August 1988, is governed by Article 124 of the same Code that now treats such a disposition to be void if done (a) without the consent of both the husband and the wife, or (b) in case of one spouse’s inability, the authority of the court. Art. 124 of the Family Code, the governing law at the time the assailed sale was contracted, is explicit:

ART. 124. The administration and enjoyment of the conjugal partnership property shall belong to both spouses jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse to the court by the wife for proper remedy which must be availed of within five years from the date of the contract implementing such decision.

In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume sole powers of administration. These powers do not include the powers of disposition or encumbrance which must have the 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. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.

With the abovementioned ruling applied to your given facts, it can be inferred that the house and lot sold is a conjugal property since it was bought during the time of your marriage. Although married before the effectivity of the Family Code, the law is explicit that any sale or encumbrance of conjugal property made after its effectivity shall be governed the same, particularly Article 124 thereof. Hence, the transaction made by your husband with the said couple is considered void as you neither had knowledge nor approved of the same.

Atty. Nico A. Antonio