Yambot-Tanseco adds that a case of cohabitation would have more legal basis if there is cohabitation. The wife can also file a complaint under RA 9262, which may be easier to hear in court than cohabitation. (If you recall, actress Sunshine Dizon filed both of these complaints against her husband.) Of course, this only happens when all other extrajudicial remedies, such as counselling, do not work, because state policy is aimed at the stability of the family and marriage in general. They say the law is unfair to women, but fortunately, it can be fair to legal wives. Thanks to their legal rights, wives will no longer be silent victims. With the help of the law, the woman can fight and demand what rightfully belongs to her. One of the most important rights of the legal wife is the right to matrimonial property. Unless a prenuptial agreement has been signed, anything you and your husband owned at the time of the marriage, as well as property you acquired during the marriage, is considered matrimonial property or joint property. As long as you are still the legal spouse and the marriage contract keeps you together, you are entitled to the matrimonial property of your marriage, even if you and your husband no longer live together.
As long as you are the legal wife, you are entitled to a portion of your husband`s income. You are entitled to spousal support (or alimony). Philippine law states that married couples are required by law to provide for family members, including the spouse and not just the children. However, Yambot-Tanseco stresses that the departure must be “without valid reason” to disqualify a woman`s right to alimony. If a woman decides to leave home to escape an abusive husband, this is not considered abandonment and she can always ask her husband for marital support. After the annulment of the marriage, she is no longer entitled to spousal support. We have had several articles answering questions about children`s rights after a separation or annulment, but what about the rights of a legal woman when a husband cheats on her or, worse, abuses her? What is a legal wife entitled to in terms of her husband`s income or the matrimonial or joint property of the family? “In the absence of a prenuptial agreement, the law says you are entitled to half of the matrimonial or joint property,” says Atty. However, these cases can also be settled privately between you and your husband.
Just be sure to consult a lawyer and have one present when discussing it with your husband and his lawyer so that everything is documented. If your husband does not comply with the agreed settlement, you can ask the court to intervene. The obligation to say “yes” brings hope for a successful marriage. Unfortunately, during this time when broken families have become all too common, marriage requires hard work – part of that is accepting the fact that something can emerge and destroy the union and commitment you made with your spouse. Wives, in particular, must be aware of their legal rights. In the event of fraud or death, what do you do? What do you get? What are your powers? Knowing your rights as a legal wife is powerful knowledge that will come in handy when unfortunate events occur. As long as the legal spouse and spouse are still married, the woman has the right to claim spousal support (also known as alimony). The law clearly states that one of the duties of married parties is to provide for family members, including the spouse. However, this right is denied to the spouse at fault.
The only reason the woman is not entitled to spousal support is if she is guilty of abandonment – an act in which she leaves the house for three months or more without informing the other party of her whereabouts. Leaving the home to escape an abusive spouse is not considered abandonment, and the woman has every right to claim maintenance from her spouse. This responsibility ends as soon as the marriage is annulled. So, yes, you can buy any property without your husband`s consent. “However, the absence of consent does not mean that the property acquired belongs exclusively to you. Property will always be part of the common/matrimonial property of husband and wife,” says Atty.Yambot-Tanseco. As long as you are not annulled, the legal woman still has the right to claim the remains of her deceased husband. This right does not take into account whether you always get along well or have lived apart for many years. As long as the marriage contract is still binding on the man and the woman, the husband`s remains automatically go to the wife. Apart from these laws of general application, many women are legally dependent because of their particular situation, be it youth, poverty or slavery.
