Legal Question in Family Law in Philippines
Conjugal home
What can be considered as the ''conjugal'' home for a foreigner married to a Filipina? The property cannot be in the foreigner's name except if it is inherited, if I understand correctly. What rights dies the fereigner have regarding the ownership of the home? Can the wife sell without the consent of the freigner husband?
1 Answer from Attorneys
Re: Conjugal home
Under Philippine law, you may be referring to a Family Home. Art. 152 of the Family Code refers to family home as the dwelling house where they and their family reside, and the land on which it is situated. And it is deemed constituted on a house and lot from the time it is occupied as a family residence under Article 153 of the same Code. Well the foreign husband has limited right that is to have the joint administration and enjoyment of the said property. Although he cannot own the same except by hereditray succession.As to whether the foreign spouse's consent is necessary in the disposition of the property is arguable. I believe that the consent is still necessary in the interest of the right of the equitable right of the foreign spouse.