For borrowers, brokers, counsel, and underwriters navigating a marriage that is not yet dissolved.

1) Core principle

If your annulment/nullity case is still pending, you are legally married. For Pag-IBIG (HDMF) underwriting and for land-title purposes, you are treated as married until a final, executory court judgment is issued and properly registered/annotated with the civil registry (and, where relevant, on the title). This status controls who must sign, what you can mortgage, and how the property is owned.

2) Baseline Pag-IBIG housing loan eligibility (status-neutral)

Regardless of marital status, a borrower must generally show:

Membership/continuity: At least 24 monthly contributions (lump-sum catch-up sometimes allowed), active status.
Age: Within program limits at application and at maturity (commonly ≤70 at maturity).
Capacity to pay: Net disposable income and allowable debt-to-income within Pag-IBIG thresholds; stable employment/business.
Purpose/collateral: Purchase of house/lot, condo, lot-only, construction, or refinance—backed by acceptable collateral (clean TCT/CCT, tax-updated, right-of-way clear, no adverse annotations that Pag-IBIG disallows).
Clean title chain & compliance: Zoning, building/occupancy permits (for construction), developer accreditation where applicable.

When the applicant is married, additional spousal consents/signatures are part of the checklist unless a final court judgment says otherwise.

3) Why a pending annulment matters

3.1 Property regime during a subsisting marriage

Default regime (post-1988): Absolute Community of Property (ACP) unless spouses agreed otherwise in a prenup.
Earlier marriages / prenups: Conjugal Partnership of Gains (CPG) or Separation of Property if validly agreed.
Effect: Property acquired for value during the marriage is typically community/conjugal, and disposition or encumbrance (e.g., a real estate mortgage to Pag-IBIG) over such property requires both spouses’ consent.

3.2 Special rule for the family home

Even if the land is exclusive to one spouse, the family home generally cannot be encumbered without the written consent of both spouses, or a proper court authorization if one spouse is unavailable/incapacitated.

3.3 Exclusive property exceptions

Property truly exclusive to the borrower (e.g., acquired before marriage, or by donation/inheritance exclusively) may be mortgaged without the other spouse as owner—but Pag-IBIG typically still requires the spouse’s marital consent to the loan and mortgage, and will scrutinize family-home status. (Beyond the law, this is a credit/operational requirement to eliminate later spousal challenges.)

4) What documents Pag-IBIG usually expects if you’re married (annulment pending)

Marriage Certificate (not CENOMAR).
Spouse’s IDs and signatures on:
- Borrower’s affidavit(s) and application forms;
- Real Estate Mortgage (REM) and Disclosure;
- Spouse’s Consent/Waiver instruments Pag-IBIG prescribes.
If borrower is overseas: SPA (Pag-IBIG format) notarized/consularized/apostilled.
If property is exclusive to the borrower: proof of exclusivity (e.g., deed of donation, extrajudicial settlement, title history), plus spouse’s consent or court order if it is (or will be) the family home.

Reality check: With a pending annulment, Pag-IBIG will not treat you as single. It will ask for spousal participation unless you present a final and annotated judgment that changes your property relations.

5) Can you proceed without the spouse while the case is pending?

5.1 If spouse is cooperative but unavailable

Use a Special Power of Attorney (SPA) from your spouse authorizing execution of loan/mortgage/consents. This is the cleanest path if you remain married but estranged.

5.2 If spouse refuses or cannot be found

Options narrow, and none is “instant”:

Court authorization in lieu of consent
- Under the Family Code (administration of community/conjugal property), a spouse may obtain judicial authority to encumber when the other unreasonably withholds consent, is incapacitated, or has abandoned the family and the act is necessary/beneficial.
- Pag-IBIG may honor such specific court orders authorizing the mortgage/purchase despite spousal refusal. Expect strict wording and title annotation.
Use a third-party collateral
- If a parent/sibling offers their clean title as collateral (third-party real estate mortgage), Pag-IBIG can underwrite without your spouse’s consent—because you are not encumbering community assets. The third-party owner must pass all collateral checks and sign all mortgage papers.
Defer and proceed after final judgment
- If a Decree of Annulment/Nullity or Judicial Separation of Property becomes final and annotated, spousal consent requirements change (see §7–§8). Until then, you are married for underwriting.

Note: A mere petition for annulment/nullity, or even a decision that is not yet final/annotated, does not change your obligations vis-à-vis Pag-IBIG.

6) Buying property during a pending annulment—how ownership will be viewed

Bought for value during marriage (with loan proceeds): presumptively community/conjugal property, regardless of who is on the face of the deed—subject to proof and the governing regime.
“Spousal waiver” inserted into a deed does not automatically defeat the statutory regime, especially against creditors and the Fund. Underwriting will still insist on proper consents (and later, liquidation if the marriage is dissolved).
If funds are exclusively yours (e.g., sale proceeds of a pre-marriage asset, or a validly excluded property), you may document the exclusion, but Pag-IBIG will still assess family-home consent and require the spouse’s loan/mortgage consent unless a court says otherwise.

7) What changes after an annulment or nullity becomes final

Once the judgment is final and executory and properly annotated:

The property relations shift to those declared by the court (e.g., liquidation of ACP/CPG; or co-ownership under Articles 147/148 for void marriages).
You may transact alone as to your exclusive or adjudicated share.
For new acquisitions after finality, you are single (or legally separated with separation of property) for underwriting; no spousal consent required.
Pag-IBIG will ask for:
- Decision, Certificate of Finality, PSA-annotated records;
- Liquidation/partition documents if the collateral touches former community assets.

Until finality + annotation, underwriting treats you as married.

8) Legal separation or judicial separation of property (for comparison)

Legal separation: The marriage subsists, but the court can decree separation of property. With a final order and annotation, you may mortgage your separate property without spousal consent (still mind the family home rule).
Judicial separation of property (stand-alone): Similar effect on property management once final and annotated.

9) Title and annotation issues that can stall a Pag-IBIG loan

Adverse annotations (lis pendens, notices of levy, pending cases) on the TCT/CCT.
Uncancelled encumbrances (prior mortgage, notice of levy).
Unclear road right-of-way, technical description mismatches, unpaid real property taxes.
Family home already constituted/claimed where spouse objects to encumbrance.
Unfinal annulment/legal separation orders—not yet in the PSA records or not annotated on title where required.

10) Practical pathways, summarized

If you’re married and annulment is pending:

Most straightforward: Secure your spouse’s signed consent (or have them as co-borrower).
If estranged:
- Obtain a court order authorizing the specific purchase/mortgage in lieu of consent; or
- Use a third-party collateral (family property) with that owner’s full participation; or
- Wait for finality + annotation of the decree, then apply as single.

If property is truly exclusive to you:

Provide documentary proof of exclusivity and still obtain spouse’s consent (or a court order) if the property is or will be the family home or if Pag-IBIG’s checklist requires spousal sign-off.

11) Risk flags & tips

Don’t rely on a lawyer’s “we’ll win the case soon” letter—Pag-IBIG will not substitute that for a final and annotated decree.
Plan for timing: If you must lock a developer promo now but can’t get spousal consent, negotiate reservation/extension aligned with court timelines.
Avoid side letters that contradict the regime (e.g., blanket “waiver of conjugal rights” in a sale) without court backing; they rarely survive scrutiny and won’t bind Pag-IBIG.
Family home: If you intend to make the house your family home, anticipate the dual-consent rule even where the land is exclusive.
Third-party mortgage: Cleanest workaround when spouse is unreachable—but the third-party owner assumes real risk; document intra-family arrangements separately.

12) Frequently asked questions

Q1: Can I apply as “single” because my annulment is filed? No. You are married until the decision is final & annotated.

Q2: My spouse refuses to sign. Can Pag-IBIG waive the spouse’s consent? Not as a rule. You’ll need either the spouse’s consent/SPA, a court authorization specifically allowing the encumbrance, or third-party collateral.

Q3: The land is my inheritance. Do I still need my spouse’s signature? For a mortgage on exclusive, inherited land, the law may not require spousal joinder as owner, but Pag-IBIG typically requires spousal consent to the loan/mortgage, and family-home rules may still trigger dual consent.

Q4: After the annulment is final, do I need my ex-spouse for new loans? No—for new acquisitions post-finality. For old, community property, comply with liquidation/partition outcomes.

Q5: Can I title the new property only in my name during pending annulment? You might register that way, but ownership character (community vs. exclusive) follows the regime, not the name on the title. Pag-IBIG will still require spousal participation unless you have court authority.

13) Bottom line

While your annulment is pending, Pag-IBIG will process you as married, which typically means spousal consent/participation for the loan and mortgage—or a court order in lieu thereof. You can sidestep spousal joinder only with third-party collateral (or after final and annotated dissolution/separation orders). Plan your documentation early, anticipate family-home consent rules, and align your acquisition timeline with the legal milestones of your case.