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aussiekangaroo

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

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aussiekangaroo

It's just 3 condos now, 5 units in Deca were were already assumed.

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Salty Dog

It's just 3 condos now, 5 units in Deca were were already assumed.

 

What do you mean already assumed.

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aussiekangaroo

What do you mean already assumed.

 

They were purchased through in house finance via PDC in my account, As there were many building issues I did not like it so I sold it via assume to another buyer.

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Maldita23

This reminds me of my Filipino lawyer's comment when I went to have my Divorce Summon be notarized. She asked me what demands I made. Told me I should have demanded properties and money. 

 

 

If I were you I would negotiate. If she has been with you through the purchase of  these condos and  other properties, she has learned and for sure know what she is doing.

Edited by Maldita23
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mactanfamily

If you give her the 250, even with a signed agreement, a Philippine court is VERY likely to STILL award her half of the condos you bought. At the very least she will keep asking for more. 

 

I'd just leave. Sell the condos and move to Cambodia/Vietnam. Come back quietly in a few years. 

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Caveat Emptor

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 ??"

 

A marriage license is a pre-requisite for validly contracting marriage in the Pines. It has an expiration date. If not used for that period it looses its validity. An application for marriage license is just a requirement for getting married and not an admission of the fact that a couple is in an exclusive relationship with each other. Even if the marriage ceremony did not happen in the end, one can not be sued for breach of promise to marry.

 

In paragraph 2 of Art. 147 of the Philippine Civil Code “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.”

 

This is where you will get your defense. If the property is under your name, your ex has the burden of proof to provide the court copies of receipts that she has paid for the property. You can not be considered joint owner if you did not shell out money to purchase the property. If she does helped you purchase the property, you can give her two options. First option, pay her back for the money she gave to pay the property. Second option would be for her to pay you back for the amount you covered to purchase the property. I don’t believe that you ex would have enough money to pay you back that is why she is attempting to milk you by intimidating you with a court litigation. I really hope you have the “Absolute Deed of Sale” in your name so you have a stronger case and the burden of proof would shift to her side to prove otherwise. I don’t suggest that you offer a specific sum of money to pay her. She should come up with the amount covered by receipts. Just my two cents.

 

I don't know how to quote statements here apparently. Sorry for that. :yahoo: 

Edited by Paul
added quotes
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Davaoeno

 

 

. I really hope you have the “Absolute Deed of Sale” in your name

 

Since he is a foreigner that would be illegal.

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Caveat Emptor

Payments were made using PDCs from his own checking account (I believe I read that somewhere in the thread), he still has a strong case against her. If I were the OP I will push the reimbursement for all his payments to see if she would still keep her ground.

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RogerDuMond

Listen to Caveat, she knows what she is talking about.

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AussieLex
Since he is a foreigner that would be illegal.

 

Foreigners can own apartments so he can have an absolute deed of sale ...

Edited by AussieLex
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Davaoeno

Foreigners can own apartments so he can have an absolute deed of sale ...

 

sorry - i forgot they were condos. My bad

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AussieLex

What common law marriage ... I see part time relationship, a few months in each year ... she had rent free for 4 years and got an allowance plus many other benefits ... as far as I am concerned when you break up with a girlfriend, her life is her own to manage and you owe her nothing ... Even if she "managed" the properties and collected rents... how much effort does that take per month... not freaking much. she has already been compensated ... I have known apartment block managers that might get a free apartment in return for managing the others including day to day repairs and no payment other than rent free... she had it good and now is still trying to ride the gravy train... 

 

I know what I would do ...

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RogerDuMond

I forgot to mention that Caveat works in the legal field, if I remember correctly.

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aussiekangaroo

 

A marriage license is a pre-requisite for validly contracting marriage in the Pines. It has an expiration date. If not used for that period it looses its validity. An application for marriage license is just a requirement for getting married and not an admission of the fact that a couple is in an exclusive relationship with each other. Even if the marriage ceremony did not happen in the end, one can not be sued for breach of promise to marry.

 

In paragraph 2 of Art. 147 of the Philippine Civil Code “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.”

 

This is where you will get your defense. If the property is under your name, your ex has the burden of proof to provide the court copies of receipts that she has paid for the property. You can not be considered joint owner if you did not shell out money to purchase the property. If she does helped you purchase the property, you can give her two options. First option, pay her back for the money she gave to pay the property. Second option would be for her to pay you back for the amount you covered to purchase the property. I don’t believe that you ex would have enough money to pay you back that is why she is attempting to milk you by intimidating you with a court litigation. I really hope you have the “Absolute Deed of Sale” in your name so you have a stronger case and the burden of proof would shift to her side to prove otherwise. I don’t suggest that you offer a specific sum of money to pay her. She should come up with the amount covered by receipts. Just my two cents.

 

I don't know how to quote statements here apparently. Sorry for that. :yahoo: 

 

Thankyou Caveat for your post, all properties are in my name and were fully paid by me she never had any money beside the money that I gave to her for general living expenses and the monthly payments were paid by PDC from an account in only my name.

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newtocebu

Your relationship ended after the marriage did not go ahead.

 

You remained on good terms, and she became your employee.

 

Her 'allowance' was actually her salary, and it also included lodging.

 

Yeah poor line of defence - rip me apart Ian!! Lol

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