Separation and fair play -- Katrina Legarda

KAT'S EYE | KATRINA LEGARDA, abs-cbnNEWS.com | 09/30/2008 10:32 PM

To the foreign letter writer who asked that I include or talk about male victims of abuse, I shall take it up in another column one day. I just need to say, however, that the statistics today reveal more female victim of abuse than men, that is why we talk mostly about the victim of abuse with the gender 'female.' Until men start complaining, unafraid to lose their macho image, about the abuse they suffer , then I guess we will always be looking at only female abuse victims.

This week, I want to talk about what happens to the property of a marriage when the spouses separate. I am not talking about spouses who go to court formally to do something about their marriage – in that case, the court will decide on the property if the spouses cannot agree. Today, I am just talking about spouses who separate de facto [which means that the spouses have just decided to end cohabitation but are still supporting each other and the children], and spouses who have separated because one of them has abandoned the other. Abandonment, by the way, means that the spouse who left the home has no intention of returning and has completely failed to provide for the needs and maintenance of the family.

So, first the de facto separation: this does not affect the couple's community of property. If a spouse has left the home without just cause, let us say it is the wife who did this, then she will have no right to be supported; however, she may be required to support the husband who was left behind. If community property needs to be mortgaged or sold (perhaps because the family needs money urgently), the consent of the wife is needed. If the wife does not want to give consent, then the husband who was left behind can go to court and get approval to sell or mortgage the community property. The family will be supported from the community properties. If the community property is not sufficient to pay for the family's needs, then the separate property of the spouses can be held liable for support. The husband left behind can go to court and ask for authority to administer or encumber his wife's separate property (if she has any) and use the income or fruits of said property to satisfy her share in the support of the children. Remember, today, the support of the family is the joint obligation of both spouses. Gone are the days when the husband alone is required to 'bring home the bacon.'

If the wife abandons the husband without just cause or fails to comply with her obligations to the family, the husband can go to court and ask that he, or another person, be appointed a receiver of the community properties. This petition for receivership is to ensure that all the community properties will be placed under the court's jurisdiction to prevent the wife from hiding bank accounts and other property. The husband can also file a petition for involuntary dissolution of the community property, to ensure that at least his share is protected and to ensure that he can sell, mortgage or otherwise dispose of properties without need of consent or court order. Finally, the husband can ask the court to appoint him as the sole administrator of the community property, to allow him to administer and manage the properties, again, without need of consultation of the wife. Remember, abandonment means that the wife left home without just cause: she wasn't being beaten, or raped, or abused by her spouse. A spouse is prima facie presumed to have abandoned the other spouse and the family and to have no intention of returning to the conjugal dwelling if he/she has left the conjugal dwelling for a period of three months; or he/she has failed within the period of three months to give any information as to his/her whereabouts.

As always, I have to remind separated spouses who may be reading this, please, support your children – they did not ask to be born. Please, do not put properties in the names of your lovers, mistresses, or any other person in attempt to hide them from the person you married (and must have once loved) – your spouse and your children are entitled to these properties, if not now, then at least upon your death. Please, do not think that you are entitled to do anything you want – remember, you can be criminally charged with economic or other form of abuse, not only under Rep. Act 9262, but also under other laws. Be fair.
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