ASG Law

Tag: Asset Protection

  • Compromise Agreements: A Strategic Tool to Nullify Preliminary Attachments in Philippine Litigation

    Compromise Agreements: A Strategic Tool to Nullify Preliminary Attachments in Philippine Litigation

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    In the Philippines, a preliminary attachment is a provisional remedy that allows a plaintiff to seize a defendant’s property at the outset of a lawsuit to secure a potential judgment. However, the pursuit of litigation is not always the most efficient or desirable path. This case underscores the power of compromise agreements in resolving disputes and rendering preliminary attachments moot. By choosing amicable settlement, parties can effectively halt ongoing legal battles and address immediate concerns like property attachments, often leading to more pragmatic and mutually beneficial outcomes. This principle is clearly illustrated in the Supreme Court’s decision in Bangko Sentral ng Pilipinas vs. Orient Commercial Banking Corporation.

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    G.R. No. 148483, June 29, 2011

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    INTRODUCTION

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    Imagine a business embroiled in a complex legal battle with a major financial institution. Assets are frozen, operations are hampered, and uncertainty looms large. This was the predicament faced by Orient Commercial Banking Corporation (OCBC) and its affiliates when the Bangko Sentral ng Pilipinas (BSP) sought to recover a substantial debt, securing a preliminary attachment on their properties. The case of Bangko Sentral ng Pilipinas vs. Orient Commercial Banking Corporation arose from a financial dispute where BSP aimed to recover deficiencies from OCBC after the latter declared a bank holiday and was placed under receivership. The central legal question revolved around the validity of the preliminary attachment issued against OCBC and its related entities. However, the Supreme Court’s resolution ultimately hinged not on the merits of the attachment itself, but on a subsequent compromise agreement between the parties, demonstrating a crucial aspect of Philippine civil procedure: the power of amicable settlement to render contentious issues moot.

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    LEGAL CONTEXT: PRELIMINARY ATTACHMENT AND COMPROMISE AGREEMENTS

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    In the Philippine legal system, preliminary attachment is governed by Rule 57 of the Rules of Court. This provisional remedy allows a court to seize the property of a defendant at the commencement of an action, as security for the satisfaction of any judgment that may be recovered. The grounds for preliminary attachment are specific and include situations where the defendant is about to depart from the Philippines, or when they have removed or disposed of their property with intent to defraud creditors. As stated in Rule 57, Section 1:

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    “At the commencement of the action or at any time before entry of judgment, a plaintiff or any proper party may have the property of the adverse party attached as security for the satisfaction of any judgment that may be recovered in the following cases….”

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    This remedy is potent but also provisional, meaning its validity can be challenged and it is subject to being lifted under certain circumstances. Conversely, compromise agreements are deeply embedded in Philippine law as a favored method of dispute resolution. Article 2028 of the Civil Code defines a compromise as:

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    “a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to one already commenced.”

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    Compromises are encouraged by the courts as they promote amicable settlements, reduce court congestion, and allow parties to control the outcome of their dispute rather than leaving it entirely to judicial determination. A judicial compromise, which is reached during litigation and approved by the court, is not merely a contract; it becomes the judgment itself, immediately executory and binding upon the parties. This unique characteristic of judicial compromises is what ultimately decided the fate of the preliminary attachment in the BSP vs. OCBC case.

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    CASE BREAKDOWN: FROM ATTACHMENT TO AMICABLE SETTLEMENT

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    The narrative of BSP vs. OCBC unfolds as follows:

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    1. Financial Turmoil and Receivership: Orient Commercial Banking Corporation (OCBC) faced financial difficulties, leading to a bank holiday in February 1998. Subsequently, OCBC was placed under receivership by the Bangko Sentral ng Pilipinas (BSP), with the Philippine Deposit Insurance Corporation (PDIC) appointed as receiver.

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    2. Legal Challenges and Liquidation: OCBC’s major stockholder, Jose C. Go, and affiliated companies challenged the receivership, but their case was dismissed. Meanwhile, BSP directed PDIC to proceed with OCBC’s liquidation, initiating special proceedings in court.

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    3. BSP’s Complaint and Preliminary Attachment: To recover a substantial deficiency owed by OCBC, BSP filed a complaint for sum of money with a prayer for preliminary attachment against OCBC and related individuals and corporations in the Regional Trial Court (RTC) of Manila. The RTC granted BSP’s motion and issued a writ of preliminary attachment.

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    4. Court of Appeals Intervention: OCBC and the other respondents challenged the RTC’s orders before the Court of Appeals (CA), questioning the preliminary attachment. The CA initially nullified the writ of attachment, favoring OCBC.

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    5. Recall and Compromise: BSP elevated the matter to the Supreme Court. However, while the petition was pending, a significant development occurred: the parties reached a compromise agreement. This agreement, executed on December 16, 2003, and approved by the RTC on December 29, 2003, aimed to settle OCBC’s total deficiency obligation to BSP, amounting to a staggering P2,974,903,000.00.

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    6. Supreme Court Decision: Mootness: In light of the compromise agreement, the Supreme Court declared the petition moot and academic. Justice Villarama, Jr., writing for the First Division, emphasized that:

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    “With the final settlement of the claims of petitioner against herein respondents, the issues raised in the present petition regarding the propriety of the issuance of writ of attachment by the trial court and the grave abuse of discretion allegedly committed by the appellate court in reversing the orders of the trial court, have now become moot and academic.”

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    The Court further cited established jurisprudence defining a moot case as one that “ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical use or value.” The Supreme Court, therefore, denied the petition and remanded the case to the RTC for the implementation of the compromise agreement.

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    PRACTICAL IMPLICATIONS: THE STRATEGIC VALUE OF COMPROMISE

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    The BSP vs. OCBC case offers valuable lessons for businesses and individuals facing litigation, particularly when preliminary attachments are involved. The most significant takeaway is the strategic advantage of pursuing compromise agreements. Even when facing seemingly insurmountable legal challenges like a preliminary attachment, parties retain the power to negotiate and reach mutually acceptable settlements. A compromise agreement, once judicially approved, effectively supersedes ongoing disputes and any provisional remedies associated with them, such as preliminary attachments.

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    For businesses facing financial disputes and potential asset seizures, proactively exploring compromise agreements can offer several benefits:

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    • Asset Protection: A compromise can lead to the lifting of preliminary attachments, freeing up assets and allowing businesses to operate without the constraint of frozen properties.

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    • Cost Savings: Litigation is expensive and time-consuming. Compromise agreements can significantly reduce legal costs and expedite resolution.

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    • Predictability and Control: Compromises allow parties to control the outcome, unlike litigation where the decision rests with the court. This predictability is crucial for business planning and financial stability.

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    • Relationship Preservation: Amicable settlements are more likely to preserve business relationships than adversarial litigation.

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    Key Lessons

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    • Compromise is Powerful: Philippine courts favor compromise agreements. They can resolve disputes efficiently and render preliminary attachments moot.

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    • Strategic Negotiation: Parties should actively explore compromise options, even when facing preliminary attachments.

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    • Judicial Approval is Key: For a compromise to have the force of a judgment and supersede existing court orders, it must be judicially approved.

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    • Focus on Resolution: Prioritizing amicable settlement can lead to more pragmatic and beneficial outcomes than protracted litigation.

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    FREQUENTLY ASKED QUESTIONS (FAQs)

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    Q: What is a preliminary attachment?

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    A: Preliminary attachment is a provisional remedy in Philippine law that allows a court to seize a defendant’s property at the beginning of a lawsuit to secure a potential judgment in favor of the plaintiff. It’s like a temporary freeze on assets to ensure they are available if the plaintiff wins the case.

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    Q: When can a preliminary attachment be issued?

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    A: A preliminary attachment can be issued based on specific grounds outlined in Rule 57 of the Rules of Court, such as when the defendant is about to leave the Philippines, or is fraudulently disposing of their property to avoid obligations.

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    Q: What is a compromise agreement?

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    A: A compromise agreement is a contract where parties in a dispute make mutual concessions to avoid or end litigation. It’s a way to settle a case outside of a full court trial.

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    Q: How does a compromise agreement affect a preliminary attachment?

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    A: If parties enter into a compromise agreement and the court approves it, the issues in the case, including the preliminary attachment, become moot and academic. The compromise agreement becomes the basis for resolving the dispute, potentially leading to the lifting of the attachment.

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    Q: Is a verbal compromise agreement valid?

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    A: While verbal agreements can be binding in some contexts, for a compromise agreement to be judicially enforceable and to affect court proceedings like a preliminary attachment, it’s crucial to have it in writing and approved by the court.

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    Q: What happens after a compromise agreement is approved by the court?

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    A: Once approved, the compromise agreement becomes a judicial compromise and has the force and effect of a judgment. It is immediately executory and the court will typically order the case remanded to the lower court for implementation of the agreement’s terms.

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    Q: Can a preliminary attachment be lifted even without a compromise agreement?

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    A: Yes, a preliminary attachment can be lifted if the defendant posts a counter-bond, or if the court finds that the attachment was improperly or irregularly issued.

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    Q: What is meant by a case being

  • Partnership Dissolution and Receivership: Protecting Assets in Business Disputes under Philippine Law

    When Can a Receiver Protect Partnership Assets During Dissolution?

    In partnership disputes, especially during dissolution, safeguarding assets is crucial. This case clarifies when Philippine courts can appoint a receiver to manage partnership property, ensuring fair distribution and preventing asset dissipation amidst legal battles. It highlights the importance of receivership as a protective measure, not just a procedural step, especially when disputes threaten the partnership’s assets during winding up.

    G.R. No. 94285 & G.R. No. 100313 – Jesus Sy, et al. vs. Court of Appeals, et al.

    INTRODUCTION

    Imagine a family business, built over generations, suddenly threatened by internal disputes and external claims. The case of Sy Yong Hu & Sons illustrates this very scenario, where a partnership faced dissolution and complex legal challenges involving family members and alleged common-law spouses. At the heart of the legal battle was the question: When is it necessary and legally sound for a court to appoint a receiver to manage partnership assets during dissolution, ensuring these assets are preserved for proper distribution and not lost in protracted litigation?

    This Supreme Court decision delves into the intricacies of partnership law, specifically focusing on the dissolution process and the protective remedy of receivership. It clarifies the powers of the Securities and Exchange Commission (SEC) and Regional Trial Courts (RTC) in managing partnership disputes, especially when the very assets of the business are at risk.

    LEGAL CONTEXT: DISSOLUTION, WINDING UP, AND RECEIVERSHIP IN PARTNERSHIPS

    Under Philippine law, particularly the Civil Code, a partnership is a contract where two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. However, partnerships are not always permanent. They can be dissolved for various reasons, including the death of a partner, by express will of any partner, or by decree of court.

    Dissolution, however, is not the end of the partnership. Article 1828 of the Civil Code explains, “On dissolution the partnership is not terminated, but continues until the winding up of partnership affairs is completed.” Winding up is the process of settling partnership affairs after dissolution. This includes paying debts, collecting assets, and finally, distributing any remaining assets to the partners.

    To protect partnership assets during this often contentious winding-up period, Philippine law allows for the appointment of a receiver. Presidential Decree No. 902-A, which was relevant to this case as it involved proceedings before the SEC (now jurisdiction transferred to Regional Trial Courts under the Securities Regulation Code and other laws), empowered the SEC to “appoint one or more receivers of the property, real or personal, which is the subject of the action pending before the commission in accordance with the pertinent provisions of the Rules of Court… whenever necessary in order to preserve the rights of parties-litigants and/or protect the interest of the investing public and creditors.” This power is mirrored in the Rules of Court, which outline the grounds and procedures for receivership in civil actions.

    Receivership is considered an extraordinary remedy, applied cautiously and only when there is clear necessity to prevent irreparable loss or damage to property. It’s not automatically granted in every partnership dissolution but is reserved for situations where there’s a demonstrable risk to the assets.

    CASE BREAKDOWN: SY YONG HU & SONS – A PARTNERSHIP IN TURMOIL

    Sy Yong Hu & Sons, a family partnership registered with the SEC in 1962, became embroiled in legal disputes following the death of several partners. These disputes were complicated by a claim from Keng Sian, who asserted she was the common-law wife of the senior partner, Sy Yong Hu, and entitled to half of the partnership assets. This claim was filed in Civil Case No. 13388, initiated in 1977, long before the SEC case.

    The partnership itself initiated SEC Case No. 1648 in 1978 for declaratory relief regarding management. This case took a turn when some partners sought dissolution. Initially, the SEC Hearing Officer dismissed the petition for declaratory relief but ordered the partnership dissolved and appointed Jesus Sy as managing partner for winding up.

    Years of legal wrangling ensued, including:

    • 1982: The SEC en banc affirmed the dissolution but clarified it was due to the majority’s will, not automatic death of partners. It ordered Jesus Sy to submit an accounting and partition plan.
    • 1986: A partial partition was approved by the Hearing Officer, but appealed.
    • 1988: The Intestate Estate of Sy Yong Hu (representing Keng Sian’s claim) intervened, arguing co-ownership of partnership assets. This intervention was initially denied but later allowed by the SEC en banc to avoid multiplicity of suits.
    • 1988: Amid these disputes, Jesus Sy, as managing partner, sought a building permit to reconstruct a fire-damaged partnership building. The Intestate Estate objected, questioning his authority.

    Crucially, in SEC Case No. 1648, Hearing Officer Tongco, considering the ongoing Civil Case No. 903 (formerly 13388) and the parties’ agreement to suspend asset disposition, issued an Order placing the partnership under a receivership committee. This was affirmed by the SEC en banc but overturned by the Court of Appeals, which favored immediate partition. However, upon motion for reconsideration, the Court of Appeals reversed itself, reinstating the receivership.

    Meanwhile, the building permit issue escalated into Civil Case No. 5326 in the RTC, initiated by the Intestate Estate against the City Engineer to padlock the reconstructed building, alleging Building Code violations. Sy Yong Hu & Sons and its lessees were not initially parties to this case, leading to questions of due process when a preliminary mandatory injunction was issued to padlock the building.

    The Supreme Court consolidated the petitions from both the SEC case (G.R. No. 94285) and the RTC case (G.R. No. 100313).

    In G.R. No. 94285, regarding receivership, the Supreme Court sided with the SEC and the Court of Appeals’ resolution, stating:

    “The dissolution of the partnership did not mean that the juridical entity was immediately terminated and that the distribution of the assets to its partners should perfunctorily follow. On the contrary, the dissolution simply effected a change in the relationship among the partners. The partnership, although dissolved, continues to exist until its termination, at which time the winding up of its affairs should have been completed and the net partnership assets are partitioned and distributed to the partners.”

    The Court upheld the receivership, finding it a justified measure to preserve assets given the ongoing disputes and demonstrated risk of asset dissipation. It emphasized the SEC’s authority to appoint receivers to protect parties’ rights during dissolution.

    In G.R. No. 100313, concerning the building permit and injunction, the Supreme Court reversed the Court of Appeals and the RTC. It ruled that the injunction and related orders were issued without due process because Sy Yong Hu & Sons, as the property owner, and its lessees, indispensable parties, were not included in Civil Case No. 5326.

    The Court asserted:

    “Settled is the rule that the essence of due process is the opportunity to be heard… To be sure, the petitioners are indispensable parties in Civil Case No. 5326, which sought to close subject building. Such being the case, no final determination of the claims thereover could be had.”

    The Court found grave abuse of discretion in disallowing the partnership’s intervention and issuing the injunction without proper notice and hearing, underscoring the fundamental right to due process.

    PRACTICAL IMPLICATIONS: PROTECTING BUSINESS INTERESTS DURING PARTNERSHIP DISSOLUTION

    This case offers critical lessons for partnerships and businesses in the Philippines, especially concerning dissolution and asset protection:

    • Receivership as a Protective Tool: Philippine courts can and will appoint receivers in partnership dissolution cases when there is a demonstrable risk to partnership assets. This is not just a procedural formality but a real mechanism to prevent dissipation, mismanagement, or improper disposition of assets during contentious periods.
    • Importance of Due Process: Even in cases involving regulatory compliance (like building permits), due process is paramount. Parties with property rights, such as owners and lessees, must be included in legal proceedings that directly affect those rights. Failure to do so renders court orders invalid and unenforceable against them.
    • Winding Up Requires Careful Management: Dissolution is not termination. The winding-up phase requires careful asset management and accounting. Designating a managing partner for winding up is a step, but receivership becomes necessary when disputes and risks escalate.
    • Agreements Matter: The Court noted the parties’ agreement not to dispose of assets pending Civil Case No. 903. Such agreements, while not always preventing disputes, can be considered by courts in determining the necessity of receivership and the conduct of parties.

    Key Lessons

    • For Partners: In anticipation of potential disputes or during dissolution, proactively consider seeking court intervention for receivership to protect partnership assets, especially if there are concerns about mismanagement or improper asset disposition by a managing partner or other parties.
    • For Businesses Facing Regulatory Actions: Ensure you are properly notified and impleaded in any legal action that could affect your property rights, such as building closure orders. Challenge any orders issued without due process.
    • For Legal Counsel: When handling partnership dissolution cases, assess the risk to partnership assets early. If risks are significant, promptly petition for receivership. In regulatory cases affecting property, meticulously ensure all indispensable parties are included to avoid due process challenges.

    FREQUENTLY ASKED QUESTIONS (FAQs)

    Q1: What is partnership dissolution under Philippine law?

    A: Partnership dissolution is the change in the relationship of partners when any partner ceases to be associated with the business. It’s not the end of the partnership but the start of the winding-up process.

    Q2: What is winding up of a partnership?

    A: Winding up is the process of settling partnership affairs after dissolution, including paying debts, collecting assets, and distributing remaining assets to partners.

    Q3: When can a court appoint a receiver for a partnership?

    A: A receiver can be appointed when necessary to preserve partnership assets, especially during dissolution and disputes, to prevent loss, damage, or mismanagement.

    Q4: What is ‘due process’ in legal terms?

    A: Due process means fair treatment through the normal judicial system. It includes the right to notice, the opportunity to be heard, and to defend one’s rights in court.

    Q5: What happens if a court order is issued without due process?

    A: An order issued without due process is considered void and unenforceable against parties who were denied due process.

    Q6: Is receivership automatic in partnership dissolution?

    A: No, receivership is not automatic. It’s granted based on the court’s discretion when there’s a clear need to protect assets, not as a standard procedure for all dissolutions.

    Q7: What should I do if I believe partnership assets are at risk during dissolution?

    A: Seek legal counsel immediately. You may need to petition the court for receivership to protect the assets and ensure proper winding up.

    Q8: Can a building be padlocked without notice to the owner and occupants?

    A: Generally, no. Due process requires notice and an opportunity to be heard before property rights are significantly affected, such as by a closure order.

    Q9: What is an ‘indispensable party’ in a legal case?

    A: An indispensable party is someone whose presence is absolutely necessary for the court to make a complete and effective decision in a case. Without them, the case cannot proceed.

    Q10: How can ASG Law help with partnership disputes and receivership?

    ASG Law specializes in corporate law and commercial litigation, including partnership disputes and receivership proceedings. We provide expert legal advice and representation to protect your business interests during dissolution and other legal challenges. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Conjugal Property vs. Separate Property: Protecting Your Assets in the Philippines

    Determining Property Ownership in Marriage: A Philippine Legal Guide

    SPS. TRINIDAD S. ESTONINA AND PAULINO ESTONINA, PETITIONERS, VS. COURT OF APPEALS, SPS. CELSO ATAYAN AND NILDA HICBAN AND CONSUELO VDA. DE GARCIA, REMEDIOS, ELVIRA, OFELIA, VIRGILIO, MARILOU, AND LOLITA ALL SURNAMED GARCIA, AND HEIRS OF CASTOR GARCIA AND OF SANTIAGO GARCIA, JR., RESPONDENTS. 334 Phil. 577 [G.R. No. 111547, January 27, 1997]

    Imagine a couple, happily married for decades. One spouse suddenly incurs a significant debt, leading to a lawsuit. Can creditors seize all the couple’s assets, including those owned solely by the other spouse before the marriage? This is a critical question in the Philippines, where the distinction between conjugal and separate property determines which assets are vulnerable to creditors.

    The Supreme Court case of Sps. Trinidad S. Estonina vs. Court of Appeals tackles this very issue. The case revolves around a parcel of land and whether it was conjugal property (owned jointly by the spouses) or the exclusive property of one spouse. The Court’s decision clarifies how property ownership is determined in marriage and the extent to which creditors can go after marital assets.

    Understanding Conjugal vs. Separate Property Under Philippine Law

    Philippine law recognizes two primary types of property ownership within a marriage: conjugal property and separate property. Understanding the difference is crucial for asset protection and estate planning.

    Conjugal Property: This refers to property acquired by the spouses during the marriage through their joint efforts or from the fruits of their separate property. It is owned equally by both spouses. The Family Code of the Philippines governs conjugal partnership of gains. The default property regime is Absolute Community of Property in the absence of a marriage settlement.

    Separate Property: This includes property owned by each spouse before the marriage, as well as property acquired during the marriage through gratuitous title (inheritance or donation). Separate property remains under the exclusive ownership of the spouse who acquired it.

    Article 118 of the Family Code states:

    “Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom.”

    For example, if Maria owned a condo before marrying Juan, that condo remains her separate property. If Maria and Juan jointly operate a business during their marriage, the profits from that business are considered conjugal property. If Maria inherits a piece of land from her parents during the marriage, that land is her separate property.

    The Estonina Case: A Detailed Look

    The case of Sps. Trinidad S. Estonina vs. Court of Appeals highlights the complexities of determining property ownership in marriage. Here’s a breakdown of the key events:

    • Santiago Garcia owned a parcel of land.
    • Trinidad Estonina obtained a writ of preliminary attachment against Consuelo Garcia (Santiago’s widow) in a separate civil case.
    • Estonina sought to enforce the writ against the land, claiming it was conjugal property of Santiago and Consuelo.
    • The heirs of Santiago Garcia (including his children from a prior marriage) had already sold their shares in the land to the spouses Atayan.
    • The RTC initially ruled that the land was conjugal property, with Consuelo owning 55% and the heirs owning 45%.
    • The Court of Appeals reversed the RTC, finding that the land was Santiago’s exclusive property.

    The Supreme Court ultimately sided with the Court of Appeals, emphasizing that the presumption of conjugal property applies only when there is proof that the property was acquired during the marriage. The Court quoted the case of Jocson v. Court of Appeals:

    “The certificates of title, however, upon which petitioner rests his claim is insufficient. The fact that the properties were registered in the name of ‘Emilio Jocson, married to Alejandra Poblete’ is no proof that the properties were acquired during the spouses’ coverture.”

    The Court further stated that the words ‘married to’ are merely descriptive of the civil status. Since Estonina failed to prove the land was acquired during the marriage, it was deemed Santiago’s separate property, and only Consuelo’s share could be attached.

    Practical Implications and Key Lessons

    This case underscores the importance of maintaining clear records of property ownership, especially before and during marriage. It also highlights the limitations of creditors in going after assets that are not clearly conjugal property.

    Key Lessons:

    • Burden of Proof: The party claiming property is conjugal has the burden of proving it was acquired during the marriage.
    • Registration is Not Ownership: Registration of property in the name of a spouse “married to” another is not conclusive proof of conjugal ownership.
    • Asset Protection: Clearly segregating separate property can protect it from creditors in case of a spouse’s debt.

    Hypothetical Example: Suppose Ben is a successful entrepreneur who marries Sarah. Ben owns several properties acquired before the marriage. To protect these assets, Ben and Sarah should execute a prenuptial agreement clearly identifying these properties as Ben’s separate property. This agreement will serve as strong evidence in case Ben incurs business debts during the marriage.

    Frequently Asked Questions (FAQs)

    Q: What is the difference between conjugal and separate property?

    A: Conjugal property is acquired during the marriage through joint efforts, while separate property is owned before the marriage or acquired during the marriage through inheritance or donation.

    Q: How does Philippine law determine if a property is conjugal or separate?

    A: Philippine law presumes that property acquired during the marriage is conjugal, but this presumption can be overcome by evidence showing it’s separate property.

    Q: Can creditors seize my spouse’s separate property to pay for my debts?

    A: Generally, no. Creditors can only go after conjugal property and the debtor spouse’s separate property.

    Q: What is a prenuptial agreement, and how can it help protect my assets?

    A: A prenuptial agreement is a contract entered into before marriage that specifies how assets will be divided in case of separation or death. It can clearly identify separate property and protect it from future claims.

    Q: What happens to conjugal property if one spouse dies?

    A: The conjugal property is divided equally between the surviving spouse and the deceased spouse’s estate.

    Q: Is simply registering a property under both spouses’ names enough to make it conjugal?

    A: No. While it can be a factor, it is not conclusive evidence. Proof of acquisition during the marriage is still required.

    ASG Law specializes in Family Law and Estate Planning. Contact us or email hello@asglawpartners.com to schedule a consultation.