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selling our property not yet named before us... HELP!

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erollin


Arresto Menor
Hi everyone. We bought 2 residential lots in dasma and the seller is a relative. that time we are both abroad. Since the seller is a relative we agreed that they'll just have to send us an SPA if we are to transfer it to our name. it is a conjugal property and her husband is already dead, they have 2 children. Until now we didnt manage to transfer it to our name.currently we are hir in the phils and we are now selling only one of the 2 lots, and we already have a buyer.Since we already have the SPA from the wife( husband died already), does the children(40 and 30 yrs old)have to accomplish extra judicial settlement or just an SPA saying that we have their consent in selling their rights in the said property, and we will receive the payment in their behalf? or do they have to accomplish both? they are still abroad at this time. tnx! replies will be of great help! .

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homem


Arresto Mayor
if you are 99.99% sure that the children of seller would not file complaint against the proper division of inherited property then you are safe but if they can provide you SPA that is better and if there is extrajuducial settlement, that is best. One more thing, though a property is conjugal, but if the principal owner is that one who is still alive, then estate proceedings is not necessary. Check the title, how is the ownership written? Is it "Own by Spouses..."or Own by Mr. Blank married to...? or just the name of one of them. Good luck!

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erollin


Arresto Menor
tnx! it is written " mrs blank married to mr.blank". by the way what's estate proceedings? there's no problem about the children bcoz they all agreed when they sold the property to us. so u mean if we have an SPA from them ( we've requested it already) we dont need the extrajudicial settlement? tnx in advance, becoz it's our first time to sell a property and sayang kasi if magkamali kami ng irerequest na papers from them, medyo malayu ang panggagalingan and syempre un fees that they have to pay db.. Smile

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homem


Arresto Mayor
erollin wrote:tnx! it is written " mrs blank married to mr.blank". by the way what's estate proceedings? there's no problem about the children bcoz they all agreed when they sold the property to us. so u mean if we have an SPA from them ( we've requested it already) we dont need the extrajudicial settlement? tnx in advance, becoz it's our first time to sell a property and sayang kasi if magkamali kami ng irerequest na papers from them, medyo malayu ang panggagalingan and syempre un fees that they have to pay db.. Smile

you`re lucky enough, the principal owner is still alive, then the legal rights to sell the property is still within Mrs. Blank!s capacity. Mrs. blank is the principal owner and his husband's name in the title is just additional identification of Mrs. blank (kung baga sa tagalog, palamuti lamang). She can sell her property even without the legal consent of her husband, it is not even inherited property from his deceased husband. Do not worry about their children, no need for their SPA, even for extraducial proceedings.You can sell the property directly to your buyer by presenting the deed of sale between you and the prev owner. But if you can manage to make a new deed of sale just bet your buyer and the prev owner, well, i think that is better for the buyer. Good luck!

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erollin


Arresto Menor
thank's, actually we are about to make a deed of sale at the legal office of the city hall, they are the ones who told us to accomplish an SPA from the children. is it possible that they dont know about this? they checked the title and we told them how we acquired the property etc,but then they insisted that we need the extrajudicial settlement or an SPA b4 they can do the deed of sale.

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homem


Arresto Mayor
erollin wrote:thank's, actually we are about to make a deed of sale at the legal office of the city hall, they are the ones who told us to accomplish an SPA from the children. is it possible that they dont know about this? they checked the title and we told them how we acquired the property etc,but then they insisted that we need the extrajudicial settlement or an SPA b4 they can do the deed of sale.

well, they are following standard rules by book, also, mostly do not know yet that a property, though conjugal in nature can be sold by the principal owner alone without signature of the spouse in a deed of sale, contract to sale, etc. (if written, Own by Mrs blank married to...)Lawyers who are also real estate service pratitioners know this well, Atty. Ariel Martinez in particular. If the principal owner is the one who passed away, then the above instruction from city hall is necessary.

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Alder


Arresto Menor
I think if there is no name mention on the document and the name place is blank than the property is the ownership of that person who have that document.But still you must ask any solicitor who will better guide you according to your state's law.

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