Jump to content
Sign in to follow this  
aussiekangaroo

Ex Demanding I give her 250,000PHP, Does she really have a case?

Recommended Posts

contraman

 

 

However it does qualify under wages and income- so same outcome.

Would that be less costs required to earn that income ????????? :idontknow:

  • Like 1

Share this post


Link to post
Share on other sites
RogerDuMond

 

 

hahahaha nice try , but totally irrelevant to the discussion at hand.

 

Would have to research it more, but my guess is that there is something in judicial clarification stipulating full common law to be 5 years therefor no license needed for marriage.

  • Like 1

Share this post


Link to post
Share on other sites
Davaoeno

Would that be less costs required to earn that income ????????? :idontknow:

 

of course 

Share this post


Link to post
Share on other sites
RogerDuMond

If i were representing the wife at trial, and the husband said he didnt consider them to be living together exclusively as man and wife, the first question i would ask him would be " Sir, if you didnt consider yourselves to be living in an exclusive relationship then why did you go and get a marriage license ??"

 

 

And the first question to the girl would be, "Miss if you were looking for an exclusive relationship, why did you back out of the marriage ceremony?"

  • Like 3

Share this post


Link to post
Share on other sites
Skywalker

It does seem quite arbitrary to call a relatively brief 'arrangement' a common Law relationship?  

 

Surely there would have to be a time limit to qualify the period?

 

Edit:  Just out of interest, a common law marriage does not exist in English Law, although the Courts do in fact often recognise these relationships for the purpose of dividing assets acquired during the period of 'bliss' and cohabitation.  I haven't been able to find a 'qualifying' period; it looks like every case is judged on its merits in England.

Edited by Skywalker

Share this post


Link to post
Share on other sites
contraman

 

 

Just out of interest, a common law marriage does not exist in English Law, although the Courts do in fact often recognise these relationships for the purpose of dividing assets acquired during the period of 'bliss' and cohabitation.  I haven't been able to find a 'qualifying' period; it looks like every case is judged on its merits in England.

 

But this ain't England :idontknow:

  • Like 1

Share this post


Link to post
Share on other sites
Davaoeno

But this ain't England :idontknow:

 

 

Actually most of the laws in the Philippines are based on either common law or some sort of unified code such as sometimes exists in the USA, so when arriving at judgments Judges  in the Philippines often refer to the laws in other countries, where there is a longer history of litigation on the matter.  

Sometimes being pedantic is not the correct course to pursue .

 

ie   You;ve heard of the Torrens system ? I guarantee you it is not a pinoy invention.

 

nor is common law

Edited by Davaoeno
  • Like 2

Share this post


Link to post
Share on other sites
Journeyer

 

 

I originally offered to give her around 130,000

 

You need to work on your negotiation tactics, if you want her to accept 130k,  offer 65k.

  • Like 3

Share this post


Link to post
Share on other sites
spydoo

I don't think forcing her to go to a lawyer to get a letter of demand was a good idea. 

Share this post


Link to post
Share on other sites
garg

 

 

i disagree - it is not property aquired. However it does qualify under wages and income- so same outcome.

 

Did she collect the rent while he was out of the country?

Share this post


Link to post
Share on other sites
aussiekangaroo

Did she collect the rent while he was out of the country?

 

Yes she collected the rent.

Share this post


Link to post
Share on other sites
garg

Yes she collected the rent.

Well the, if it is a common law marriage, she's entitled to half the rental income, minus expenses of course. If it isn't a common law marriage, she's still entitled to payment for her work.

Share this post


Link to post
Share on other sites
aussiekangaroo

Well the, if it is a common law marriage, she's entitled to half the rental income, minus expenses of course. If it isn't a common law marriage, she's still entitled to payment for her work.

And she was as said in the OP she received a monthly allowance and free rent in a condo.

Share this post


Link to post
Share on other sites
hyaku

I was with my ex Filipina for a about 4 and a half years and during that time I always gave her an allowance, Condo to stay, Top end smart phones and the list goes on, Now that we have separated back in January and says that I have a new girlfriend that somehow she can see on facebook even tho she was blocked from it says that I must pay her 250,000PHP as we were together for 4 years and she helped me with renting the condo's.

 

I originally offered to give her around 130,000 as goodwill gesture not to be leaving her on the street and the last few months I have given her money and helped pay for her boarding house then she said her lawyer said I need to give her 250,000, I told her to send me the demand letter from her lawyer yesterday but is that somehow legal that she can claim against me? She has already found a job since we broke up.

 

Late last year I had a guy message me from America in my facebook saying that they had met several times tho nothing ever happened he had made his intentions quite clear to get married with her  and she had never said anything about having a boyfriend already. There has been several lies from this girl dating back to day one when she said that she was a virgin then after a few months whilst still just dating admitted she was not a virgin, We had previously had a marriage license prepared but she just did not turn up on the day due to some issues with her step father not wanting it to go ahead which later I found out was a family member but sleeping with her mother. She then insisted that she would come and stay with me a few days after that which she did and I made her go to see a lawyer and prepare a statement saying she does on her own free will well lucky I did because in the middle of the night the step father turned up with police I gave a copy of the letter to the police then they left. Should have left her years ago but I was in love and tried my best to make her happy and this is what I get in return what a joke.

Who left who? You should never have even offered her anything and a have made a rod for your own back. First you must complete barangay procedure. You 'must' summon her to the baragay and thrash it out. It's abandonment. But as common law it will probably die natural death. Stop being so "nice". She is out to try and screw you if she can.

  • Like 6

Share this post


Link to post
Share on other sites
garg

And she was as said in the OP she received a monthly allowance and free rent in a condo.

So you let her stay in your condo when you were out of the country. I know many who do that and don't demand she collect rent, etc. Also many give allowances and do not expect rent collected, etc.

 

Stop crying about it and give her the 250K(or try for 200). Especially when you already offered her $130k. Do, however, make sure an agreement is signed so that she can't come back for more later.

  • Like 3

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Sailfish Bay Fishing Charters

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use, Privacy Policy and Guidelines. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue..