Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

our inheritance vs father and his mistress

View previous topic View next topic Go down  Message [Page 1 of 1]

1 our inheritance vs father and his mistress on Sat Feb 04, 2012 1:40 am

Lifeline


Arresto Menor
Good day to you all.

My parents have been married for more than a couple of decade but my father has been living with his mistress for almost a decade. He now only visits for around 3x a week for a few hours each. He did gave us some monthly allowance once but has since then stopped for 5 years. He never paid our tuition (nursery to postgraduate) and we were mostly raised by our brave dearest dependable mother. We noted that father came to visit more frequently and tried to "care" more (but not monetary wise - we never get a single cent from him!) when I started to become a high-paying professional. My mother's net worth is bigger compared to my father (lets just say he is a business flop, though he spends all his savings on his mistress and their children). Our properties, savings, and car are named under my mom.

My question is that in-case my mother passes away before him (heaven forbid!), what will happen to our house and my mother's assets? Is there a way to make sure that only us children and my mother's siblings get the inheritance? Or is it required by law that my father gets half of it with his mistress and their family?

Thank you very much for your time.

View user profile

attyLLL


moderator
those properties remain to be conjugal so he would be legally entitled to half. i recommend your mother files a petition for separation of property


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

hurtwifey


Arresto Menor
please do so lifeline as soon as possible coz it would be unfair on your part and especially to your mom

God Bless and Good Luck to you!

View user profile

Lifeline


Arresto Menor
@attyLLL = My sincerest gratitude for your answer. Can you please give me a gist of how long the process will take (and the cost too) since my mother is a senior citizen already and anything could happen during the wait-process (knock on wood!). How is this different from a will or inheritance? Will transferring her bank account/property/car to me and my siblings help? Thank you again.

View user profile

Lifeline


Arresto Menor
@hurtwifey = Thank you hurtwifey. Yes it is truly unfair how me and mom scrimped/saved/worked our asses off just to get to where we are now only to find out that half of it will go to the unloyal party. I rather have my mother give all her money to needy charities than loose them to father who lives a willy-nilly life together with his bimbo and their spawn. Ugh if only I have a time machine I could go back in time and made my mom signed a prenup back then!

View user profile

Lifeline


Arresto Menor
@attyLLL

I have been browsing phbar.org/wikilaw and stumbled upon this article which states that:

Exclusive property of each spouse

The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties. A spouse may also mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same.

Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located. However, the alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse.

The following are the exclusive properties of each spouse:

(1) That which is brought to the marriage as his or her own;

(2) That which each acquires during the marriage by gratuitous title (through pure liberality, as in donation and testate/intestate succession);

(3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and

(4) That which is purchased with exclusive money of the wife or of the husband

--> My apologies but legal jargon is my water-loos. My question is that whether this article apply to our situation. How can we prove that my mother brought the house and car with her own money?

Thank you very much.

View user profile

attyLLL


moderator
i assume they were married before 1986 so what you quoted on conjugal partnership of gains will apply. what it says, is that your mother remains to be the sole owner of:

1) everything she owned prior to the marriage
2) everything she received by way of inheritance or donation before or after the marriage
3) will apply only if she bought something that was mortgaged, foreclosed and she redeemed it
4) properties she bought with funds from 1, 2, 3

but everything acquired after the marriage is considered conjugal. separation of property can be quick if it is not opposed by the husband



_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum