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Issue: Whether Nolan can waive his and Esmeraldas rights over the house and lot
sold to the Spouses Terosa.
Ruling:
Such disposal or waiver by Nolan is not allowed by law. Article 12447 of the Family
Code requires that any disposition or encumbrance of conjugal property must have
the written consent of the other spouse; otherwise, such disposition is void. 48
Further, under Article 8949 of the Family Code, no waiver of rights, interests, shares,
and effects of the conjugal partnership of gains50 during the marriage can be made
except in case of judicial separation of property. Clearly, Esmeralda did not consent
to Nolan disposing or waiving their rights over the house and lot through the
Amicable Settlement.