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aussiekangaroo

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

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hitman

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.

Why give her anything? He's not obligated in any way.

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to_dave007

Like all legal disputes between a man and a woman, there is HIS position, and HER position, and the law.   As she is demanding money, which he doesn't want to pay, I trust that everyone here agrees that there IS, in fact, a dispute.  The LINC members here simply don't agree how to resolve that dispute, and recommendations so far range from "0" to "pay now to get a release".

 

In the Philippines there are multiple ways to resolve disputes, and we look through all the other threads, we can see a lot of these in action.  He can simply ignore her, and take his chances that he correctly knows that she will take no further action.  He can even leave the Philippines and never come back.  Or he can directly confront the issue and negotiate a resolution, and she has already said that the UPPER limit on that resolution will be 250,000 peso...  an amount that seems well within the means of the OP.

 

The problem for me is that it's clear that SHE feels there is an issue to resolve, and SHE has the means, within the Philippines, to make his life difficult.  Look at other threads started today where rape is alleged in a dispute.  Maybe she is the type to make such an allegation, and maybe not, and maybe the OP thinks he knows and wishes to take that chance.  If it was me, after that initial encounter where the step father burst in with the police, there is no way I would have had anything further to do with this family.  Because the family has already shown the lengths they are willing to go to.  So..  to the OP..  I ask "do you feel lucky?"  and do you wish to trust this to "luck".

 

And that brings me to Davaoeno recommendation to pay a settlement amount IN RETURN FOR A WAIVER OF FURTHER CLAIM.  In other words, a payment to be permanently rid of the greedy one, with ZERO risk of any further claim or noise from her (and her family who are no doubt working this behind the scenes).  Sounds like a good idea to me..  but it's really up to the OP.. does he feel "lucky"?

 

I would invite her to put her demand in writing.  When it arrives, I would send it back and ask her to confirm, in writing, WHY this demand is being made.  When her response arrives I would send it back to ask her to confirm that this the TOTALITY of her demand, and that there is nothing further.  Once she's confirmed that I would make a settlement offer, along with all the reasons why I should give her nothing at all.  I would emphasize that the settlement is "xxx, 000 peso's in CASH, as soon as we can agree".  Emphasize how quickly the cash can be in THEIR hands.  Appeal to their GREED.  Meanwhile, I would not entertain ANY requests for money outside of this agreement.  I would draft the release/waiver/indemnification that I would be asking her to sign.  I'd bring credible witnesses to the signing.  And I would, as Davaoeno suggests, do it all quickly and get it over with.  And then I'd get the agreement notarized and filed.

 

And if it's done this way, the neat thing about it is then it's OVER.  DONE.  FINISHED.  And THAT is worth something.

Edited by to_dave007
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aussiekangaroo

Like all legal disputes between a man and a woman, there is HIS position, and HER position, and the law.   As she is demanding money, which he doesn't want to pay, I trust that everyone here agrees that there IS, in fact, a dispute.  The LINC members here simply don't agree how to resolve that dispute, and recommendations so far range from "0" to "pay now to get a release".

 

In the Philippines there are multiple ways to resolve disputes, and we look through all the other threads, we can see a lot of these in action.  He can simply ignore her, and take his chances that he correctly knows that she will take no further action.  He can even leave the Philippines and never come back.  Or he can directly confront the issue and negotiate a resolution, and she has already said that the UPPER limit on that resolution will be 250,000 peso...  an amount that seems well within the means of the OP.

 

The problem for me is that it's clear that SHE feels there is an issue to resolve, and SHE has the means, within the Philippines, to make his life difficult.  Look at other threads started today where rape is alleged in a dispute.  Maybe she is the type to make such an allegation, and maybe not, and maybe the OP thinks he knows and wishes to take that chance.  If it was me, after that initial encounter where the step father burst in with the police, there is no way I would have had anything further to do with this family.  Because the family has already shown the lengths they are willing to go to.  So..  to the OP..  I ask "do you feel lucky?"  and do you wish to trust this to "luck".

 

And that brings me to Davaoeno recommendation to pay a settlement amount IN RETURN FOR A WAIVER OF FURTHER CLAIM.  In other words, a payment to be permanently rid of the greedy one, with ZERO risk of any further claim or noise from her.  Sounds like a good idea to me..  but it's really up to the OP.. does he feel "lucky"?

 

I would invite her to put her demand in writing.  When it arrives, I would send it back and ask her to confirm, in writing, WHY this demand is being made.  When her response arrives I would send it back to ask her to confirm that this the TOTALITY of her demand, and that there is nothing further.  Once she's confirmed that I would make a settlement offer, along with all the reasons why I should give her nothing at all.  I would emphasize that the settlement is "xxx, 000 peso's in CASH, as soon as we can agree".  I would not entertain ANY requests for money outside of this agreement.  I would draft the release/waiver/indemnification that I would be asking her to sign.  I'd bring credible witnesses to the signing.  And I would, as Davaoeno suggests, do it all quickly and get it over with.  And then I'd get the agreement notarized and filed.

 

And if it's done this way, the neat thing about it is then it's OVER.  DONE.  FINISHED.  And THAT is worth something.

Thankyou for the very detailed way I should go about this, I will do as you suggested and get it over and done with ASAP. Cheers.

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to_dave007

Thankyou for the very detailed way I should go about this, I will do as you suggested and get it over and done with ASAP. Cheers.

 

I'd get a lawyer to draft the release/waiver/indemnification as this is the document you are intending will get rid of this family for good.  The whole family..  not just the girl.

 

Next time when the family is so kind as to show you what they are made of in the middle of the night, run like hell.

Edited by to_dave007
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Paul
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.

 

That's an average of $112 USD / month, for four years. 

 

Pay it and move on.

 

Think about this before you tell me to piss off. :D

 

If she the vindictive type, picture your name on any of the recent news articles on this site. 

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to_dave007

If she the vindictive type, picture your name on any of the recent news articles on this site. 

 

In fact Paul she doesn't even need to be vindictive.  To me it seems that for some people allegations of rape or abuse are not emotional or vindictive at all, but merely an unpleasant negotiating tactic...  a means to an end.

 

And of course OP should already know that it's not just "her" he has to appease, but also her step father, and likely other family members.  No doubt the group of them are plotting, together, as a team, how best to squeeze this last amount out of the OP's pockets.

Edited by to_dave007
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RogerDuMond

 

 

In fact Paul she doesn't even need to be vindictive. To me it seems that for some people allegations of rape or abuse are not emotional or vindictive at all, but merely an unpleasant negotiating tactic.

 

Wouldn't it be rather tough for her to claim rape when he has this?

 

 

 

I made her go to see a lawyer and prepare a statement saying she does on her own free will

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to_dave007

Wouldn't it be rather tough for her to claim rape when he has this?

 

Not as tough as trying to claim rape after she has signed a POST-RELATIONSHIP waiver/release/indemnification.

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Sven

 

 

This particular kind of co-ownership applies when a man and a woman, suffering no illegal impediment to marry each other, so exclusively live together as husband and wife under a void marriage or without the benefit of marriage....

Under this property regime, property acquired by both spouses through their work and industry shall be governed by the rules on equal co-ownership....

As to the homemaker, or the one who cared for and maintained the family household, he/she is still considered to have jointly contributed to the acquisition of a property, even if he/she did not directly participate in the property’s acquisition...

Wages and salaries earned by either party during the cohabitation shall be owned by the parties in equal shares and will be divided equally between them, even if only one party earned the wages and the other did not contribute thereto.

Holy cow, those are some f....d up rules..!

Am I the only one to realize that it may not then be such a good idea to have a live-in partner in this country..?

"Wages and salaries earned" can amount to considerable money for those of us who are of working age.

Also, it seems this kind of rule makes it dangerous to buy a condo, for example, if you have a live-in partner at the time of investment.

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smokey

 

COMMON-LAW MARRIAGE (LIVE-IN RELATIONSHIPS) IN THE PHILIPPINES

By: Atty.Fred | November 4, 2006 in Family Law

73 Replies | Related posts at the bottom of article

 

 
 
 

Money is [one of] the root of all kinds of relationship problems, says an article at the Family Relationships site. In my modest years of law practice, I can say that among the most bitter confrontations (in and out of court) relate to property/money/inheritance issues between members of the family.

Under the Family Code of the Philippines, property matters between the husband and wife are set forth in relative detail, e.g., the forms and requisites of a marriage settlement or ante-nuptial agreement, donations by reason of marriage, the “default” property regime of absolute community of property (vis-a-vis separation of property, and conjugal partnership of gains), support for the spouse and the children, and the effects of legal separation and annulment of marriage on the spouses’ properties. I’m still trying to decide if I should further discuss any of these topics (also, the rules on succession/inheritance are treated in other laws/issuances, and may be discussed separately in other entries).

For this entry, allow me to focus on something that appears to be increasingly common nowadays — the “live-in” relationship, also called “common-law marriage“. This is governed by Article 147 of the Family Code, which reads:

The Family Code (Art. 147) recognizes, and expressly governs the property relations in, the relationship where a man and a woman live exclusively with each other just like a husband and wife, but without the benefit of marriage (or when the marriage is void). It is required, however, that both must be capacitated, or has no legal impediment, to marry each other (for instance, couples under a “live-in” relationship will not be covered under this provision if one or both has a prior existing marriage). In this situation, property acquired by both spouses through their work and industry shall be governed by the rules on equal co-ownership. Any property acquired during the union is presumed to have been obtained through their joint efforts. As to the homemaker, or the one who cared for and maintained the family household, he/she is still considered to have jointly contributed to the acquisition of a property, even if he/she did not directly participate in the property’s acquisition.

When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.

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 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.

Art. 147. 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.

How about if one or both partners are not capacitated to marry, as when one (or both) has an existing or prior marriage which has not been annulled/declared void? This is covered under Art. 148 of the Family Code, which reads:

In other words, under Art. 148, only the properties acquired through their ACTUAL JOINT contribution of money, property or industry shall be owned by them in common (in proportion to their actual contributions). There is no presumption that properties were acquired through the partners’ joint effort. Please also note that if one has a prior marriage, his/her share shall be forfeited in favor of that previous marriage (as an aside, the children under the second relationship shall be considered as illegitimate).

The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith.

If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article.

Art. 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.

So, as previously stated in this Forum, put your (first) house in order first. No need to rush; love is patient. It can wait. (Citations and more discussions at Wiki.LawCenter.ph)

Related Posts:

 

if this was enforced bucko you would not have a pot to piss in or a window to throw it out of ...

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smokey

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.

 

you know many please so its slave labor to expect her to collect the rent in exchange for free rent of her own?  yea give her the 250 and wait till next month for her new demands

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RedRanger

you know many please so its slave labor to expect her to collect the rent in exchange for free rent of her own?  yea give her the 250 and wait till next month for her new demands

Exactly, He has created his own parasite

 

I would tell he to get bent.............

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Paul

Why? She helped him for 4 years, guys. She isn't deserving of some sort of salary, for assisting him in business all that time?

 

She deserves the money. 


Y'all are a bunch of tight-fisted c*nts.


And, I mean that in the most caring way. :D

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RogerDuMond

 

 

Why? She helped him for 4 years, guys. She isn't deserving of some sort of salary, for assisting him in business all that time?

 

I think she already got it.

 

 

 

I always gave her an allowance, Condo to stay, Top end smart phones and the list goes on,

 

 

 

and the last few months I have given her money and helped pay for her boarding house
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Paul

 

 

I think she already got it.

 

Not in my opinion. That was part of their relationship - NOT his business, which was renting the apartments. 

 

If I ever have a business and have my g/f help me in any way, she deserves a salary for doing so. 

Business is business. Personal is personal. 

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