I recently found out that my husband made his mistress a beneficiary in his life insurance policy. I think this is wrong and totally unfair, considering that they have been enjoying our family home for the past 20 years. I would like to have her removed from his policy. What should I do and can I do so?
Article 2012 of the Civil Code states, “Any person who is forbidden from receiving any donation under Article 739 cannot be named beneficiary of a life insurance policy by the person who cannot make any donation to him.” Article 739 of the Civil Code enumerates those who cannot receive a donation by declaring donations to them as void:
“Art. 739. The following donations shall be void:
(1) Those made between persons who were guilty of adultery or concubinage at the time of the donation;
(2) Those made between persons found guilty of the same criminal offense, in consideration thereof;
(3) Those made to a public officer or his wife, descendants and ascendants, by reason of his office.
In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor and donee may be proved by preponderance of evidence in the same action.”
One instance of concubinage is when the husband keeps a mistress in the conjugal dwelling (Article 334, Revised Penal Code).
According to you, your husband and his mistress has been living in your family home for the past 20 years. This falls squarely under the definition of concubinage under our law.
In order to remove her as one of your husband’s beneficiaries, you must file a petition for declaration of nullity of the designation of his mistress as a beneficiary in court. It is unnecessary to file a separate criminal case for concubinage, as Article 739 provides that you may prove their guilt by preponderance of evidence in the same petition.
We hope that we were able to enlighten you on the matter. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org