Badly need your legal and sensible opinion
@FarahJane1011 (180)
Philippines
September 5, 2011 10:56pm CST
I am married and I've wanted to acquire property, but I am quite hesitant about it. I've known that acquiring property after marriage is considered conjugal property. My concern is that, my husband is annulled and he has a child during his first marriage. If I acquire property now, it will automatically considered conjugal, would that mean that the child in his first marriage is also entitled or can have his share on that property?
I just wanted to protect my right especially that we have a child now. And if ever, the money that is being used for payment of the property is solely from my income. Unfortunately, i have also read that salary after marriage is also considered conjugal@ .... ;-(
I have no problem sharing the property acquired by my husband especially his inheritance, I have no question about it. He can share it anytime he wants. I also have no problem sharing the property acquired by both of us, as long as he also pays for it( meaning the two of us are paying for it). In fact, i have no question about his monthly support to his child since its his obligation. My concern is the property that is being acquired from my money alone. WE don not have pre nuptial agreement, post nuptial would be considered but seems like it will be scrutinized by the court compared to prenups, i don't want more hassles. So post nuptial agreement is already out of the picture. What should I do? Anyone with legal and sensible opinion is highly appreciated... Thank you in advance.
1 response
@sweetaprillynn (207)
• United States
6 Sep 11
Well, if your not willing to have a post-nup written up, your best bet would probably be to ask your husband to enter into this endeavor with you. He can be responsible for half of the costs and if something were to happen in the future, you wouldn't have ill feelings about how the assets will be distributed.
If this is not a possibility, and your husband is uninterested or unable to split these costs, you will obviously need to take another angle.
I am no lawyer but if I were in your shoes, I would probably let my mother barrow the money from me so that she could purchase the property for herself. If the property is in your mothers name, neither your husband or his child will have rights to it.
@FarahJane1011 (180)
• Philippines
6 Sep 11
Thank you sweetaprillynn. My other concern is that am not going to acquire the property through cash basis, am going to acquire thru mortgage since there's this institution in our country that offers home mortgage to all interested members. So by that alone, my name being married to so and so is presented in the contract already.
Unfortunately, my mother is not a member in that institution, she could have availed her benefits and do the favor for me and will be considered "external property" if she will going to give it to me as a gift! hmmnnn.... Thanks thanks...
@sweetaprillynn (207)
• United States
6 Sep 11
I can see why you are so nervous about making this decision. Does your husband know about your concerns? Personally, I think you should just take it for what it is. It really depends on the relationship between you and your husband. If you feel that your marraige may not make the cut, then you may want to seek legal help in making this decision.
If your marraige is solid, and you feel like you will be with this man forever, then my advice would be to take his first child with open arms. It must be hard to accept a child birthed by another woman, but, when you marry a man with children you have to be more open-minded.
I am not passing judgment on you, because I can understand being very uncomfortable in such a situation. I hope you figure everything out! Good Luck to you!
@FarahJane1011 (180)
• Philippines
7 Sep 11
Thanks for understanding my situation friend. Its not that i don't accept my husband's child on his first marriage, but i just wanted to protect my child also. though everything is under control now, but i just wanted to prepare and as much as possible i wanted to put things into places, because we don't know what will happen next, only God knows when will our time ends here. Though am quite thankful that as of this moment his first family is not bothering us, physically. But i have this feeling that they are just waiting for something where they could do things against us. I've heard that the brother of his ex-wife is in need of money to support his vices, he is opportunist. When he sees a chance where he could get money he will really find a way to get it, and that he could always advice the first family of my husband to bother us by getting more from us. Seems like they always wanted money money and money... His brother has been doing that to others already and we don't want to be a victim by him. Though there's a high possibility that we may be one of his next target. ;-/
My husband knows about my concerns. He is bothered too. In fact he wants me to ask legal opinion from lawyer. But as of this moment, i will just seek advises from here, i know there are many sensible minds like you who is also willing to share their ideas to a person like me who is really in need of it. Thank you friend.
