Authority to sell conjugal properties

Authority to sell conjugal properties "My husband and I were married in January 2010. We acquired several properties during our marriage. But my husband left us last year and decided to live with another woman. Can I sell all of our conjugal properties located in Cebu City? I badly need funds for our six children. I have tried reaching out to him, but he never answered my calls and messages.Purity Dear Purity,To answer your question, we shall refer to the provisions of the Family Code of the Philippines, which state: “Art. 124. The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision.“In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. “xxx“Art. 128. If a spouse without just cause abandons the other or fails to comply with his or her obligation to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property, or for authority to be the sole administrator of the conjugal partnership property, subject to such precautionary conditions as the court may impose. xxx “A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling.” (Emphases supplied)Applying the aforementioned provisions in your question, you may not dispose, encumber or sell your conjugal properties without the written consent of your husband or without any authority from the court. Otherwise, the sale or disposition of the property will be void.However, the law provides that if a spouse without just cause abandons the other, the aggrieved spouse may file a petition to the court for judicial separation of property or for authority to be the sole administrator of the conjugal properties, subject to the conditions, which the court may impose.It is worth mentioning that your husband left your conjugal dwelling last year and never responded to your messages and calls. Hence, he is deemed to have abandoned your family and presumed to have no intention of returning to your conjugal dwelling. You, as the aggrieved spouse, may now file a petition to the court to be the sole administrator of your conjugal properties. We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/