Question IX, Civil Law, 2017 Bar Exam

Danny and Elsa were married in 2002. In 2012, Elsa left the conjugal home and her two minor children with Danny to live with her paramour. In 2015, Danny sold without Elsa’s consent a parcel of land registered in his name that he had purchased prior to the marriage. Danny used the proceeds of the sale to pay for his children's tuition fees.

Is the sale valid, void or voidable? Explain your answer. (3%)

Suggested Answer:

The sale is void. Answer

Under the Family Code, the default property regime is absolute community of property (ACP) whereby all of the assets of the spouses are combined, subject to a few exceptions. Further, in an ACP, without the marital consent of the other spouse, the sale by one spouse of a conjugal property is void. Rule

In the case at bar, Danny and Elsa were married in 2002 and thus covered by the Family Code. Since there is no indication that they have a marriage settlement, the default property regime of absolute community of property applies to them. Hence, the parcel of land became a conjugal property even if it is registered under Danny’s name and purchased prior to the marriage. Accordingly, without the marital consent of Elsa, the sale by Danny of the parcel of land is void. Apply

Thus, the sale is void. Conclusion

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