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divorce agreement vs. wife's claim

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1 divorce agreement vs. wife's claim on Sun Jul 01, 2012 1:32 am

arntaknoblesala


Arresto Menor
Hi good morning po. baguhan lang po ako dito sa freelegaladvice and nakita ko po ito through google.

May nais lang po akong ihingi ng payo.
Ang sis ko po ay napangasawa ng American na dating may asawa pero divorce na nong 1991 pa. Last december 2011 ay namatay po ang husband ng sis ko at wala po syang last will na iniwan kasi biglaan lang po. Ngayon po ay nagkiclaim ang ex-wife nya ng bahay dahil un po ay nakalagay daw sa divorce agreement nila. wala pong kinuhang lawyer ang bro-in-law ko that time kaya po lahat ng gustong ilagay na claim ng ex-wife nya ay nailagay nya at pumirma lang po ang bro-in-law ko para lang matapos na ang divorce nila. Ngayon po ay ung kaisa-isang bahay na naiwan nya ay kiniclaim nya pa. ano po ba ang pwedeng gawin para mapunta po sa sis ko ang bahay? pano po ang present wife sa ganong kasunduan? sa new york po pala ang state nila. maraming salamat po.

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2 Re: divorce agreement vs. wife's claim on Sun Jul 01, 2012 8:55 am

attyLLL


moderator
are both marriages registered in the nso? was the divorce annotated on the first marriage certificate?


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3 Re: divorce agreement vs. wife's claim on Tue Jul 03, 2012 12:16 pm

arntaknoblesala


Arresto Menor
thank you AttyLLL for the reply. opo both marriages are registered in nso and naka annotate din daw po ung divorce sa marriage certificate nila don sa new york.

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4 Re: divorce agreement vs. wife's claim on Tue Jul 03, 2012 7:43 pm

attyLLL


moderator
if the house was acquired after 1991, then the first wife has no rights whatsoever.

under whose name is the property?


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5 Re: divorce agreement vs. wife's claim on Tue Jul 03, 2012 11:36 pm

arntaknoblesala


Arresto Menor
the house was acquired while he was still married to the firs wife. and ang nakalagay po sa divorce agreement is that the ex-wife has the right of first refusal of the property. sa husband nya po nakapangalan yong property. ask ko din lang po if wala po bang law sa new york na pwedeng mag invalidate sa divorce agreement to protect the rights of present wife? kasi ung sa divorce agreement po nila is lahat pabor sa ex-wife dahil hindi po kumuha ng sariling lawyer ang bayaw ko during their divorce.

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6 Re: divorce agreement vs. wife's claim on Wed Jul 04, 2012 4:17 pm

attyLLL


moderator
this seems quite complicated and it would be unwise for me to continue because I am unable to view these vital documents. it is highly recommended that you acquire the services of a lawyer in order that you are able to determine what your proper legal position should be


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7 Re: divorce agreement vs. wife's claim on Fri Jul 06, 2012 2:03 pm

arntaknoblesala


Arresto Menor
Thank you po AttyLLL for the advices about my sister's case. hanap na lang po kami ng lawyer. thanks again.

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