Petitioner
Barrido
Respondent
Nonato
Citation
G.R. No. 176492
Court
Supreme Court
Decided
October 20, 2014

Partition of conjugal property acquired during marriage that was later declared void due to psychological incapacity

Summary

This case involves a petition for partition of conjugal property acquired during a marriage that was later declared void due to psychological incapacity. Leonardo Nonato sought to partition a house and lot in Bacolod City co-owned with his former wife Marietta Barrido after their marriage was annulled in 1996. Barrido opposed the partition, claiming the property had been sold to their children, but failed to properly authenticate the deed of sale. The Supreme Court affirmed lower court rulings granting the partition, holding that Article 147 of the Family Code governs property relations in void marriages, creating equal co-ownership rights. The Court confirmed that the Municipal Trial Court had jurisdiction based on the property's low assessed value and ruled that the unnotarized deed of sale was inadmissible evidence. The property must be divided equally between the former spouses under co-ownership rules.

Statutes applied

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By the Intellegal Editorial Board · October 20, 2014

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