Double diligence required when buying conjugal property

Double diligence required when buying conjugal property "Cheska, separated-in-fact from her husband, wanted to sell a house and lot to my parents.She assured my parents that she would obtain the signature of her husband in case the need arises. How do we ascertain that the property being sold is free from any legal problem? AprilynDear Aprilyn, Basic is the rule that the administration and enjoyment of the conjugal properties belong to both spouses. This is in consonance with Article 124 of the Family Code of the Philippines, which provides that:“The administration and enjoyment of the conjugal partnership property shall belong to both spouses jointly. xxx “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as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.” (Emphases supplied)Thus, the disposition of the house and lot by a married person like Cheska necessarily entails the written consent of her estranged husband, assuming the property involved here belongs to the absolute community of property or conjugal property. This is also in consonance with the decision of the court in the case of Spouses Aggabao vs Spouses Parulan (GR 165803, Sept. 1, 2010), where the Supreme Court, through Chief Justice Lucas Bersamin, stated that: “Article 124 of the Family Code categorically requires the consent of both spouses before the conjugal property may be disposed of by sale, mortgage, or other modes of disposition.In Bautista v[s] Silva, the Court erected a standard to determine the good faith of the buyers dealing with a seller who had title to and possession of the land but whose capacity to sell was restricted, in that the consent of the other spouse was required before the conveyance, declaring that in order to prove good faith in such a situation, the buyers must show that they inquired not only into the title of the seller but also into the seller’s capacity to sell. Thus, the buyers of conjugal property must observe two kinds of requisite diligence, namely: (a) the diligence in verifying the validity of the title covering the property and (b) the diligence in inquiring into the authority of the transacting spouse to sell conjugal property in behalf of the other spouse.”Applying the above-quoted decision in your situation, your parents must verify the validity of the title covering the property and inquire into the authority of the transacting spouse to sell conjugal property in behalf of the other spouse.We hope that we were able to answer your queries. 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/