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“For richer, for poorer, in sickness or in health, to love and to cherish till
death do us part.” This is part of the marriage vow being recited during
weddings. Being married to someone entails not only sharing one’s life but
also one’s property with the other. Hence, it is very important to know the
liabilities of the common properties of the spouses. Oftentimes, one of the
spouses contracts a loan and the common property will sometimes be held
responsible in case the contracting spouse defaults in his obligation. The
liability of the common property will depend on the type of transaction and
other factors provided by law.
The question frequently asked is the liability of the other spouse in case
the contracting spouse sells the common property. It would depend if the
other spouse had knowledge and consent of the transaction. If the husband
sold the property without the consent and knowledge of the wife, then the
sale is void. However, the transaction shall be considered as a continuing
offer and may be perfected upon acceptance of the other spouse. On the other
hand, if the husband sold the community property with the knowledge but
without the consent of the wife, the contract is merely annullable. The wife
has 5 years from the date of the contract to go to court and seek the annulment
of the contract.