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Need Legal Advice: Conjugal Property vs. Single-Owned

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Emlin Nabua


Arresto Menor
Hello,

I am badly in need for legal assistance regarding land/property division between my father’s first family and us, the latter.

• Father widowed from first, married now to my mother; both marriages valid.
• First family comprises 5 daughters; 3 married 2-employed, 1 self-employed), 1 single (employed) and 1 special child (Down syndrome). All siblings are of legal ages.
• Second family (that’s Us) only has 2 children; me as the only SON, and 1 sister. All siblings are of legal ages and employed.
• Total siblings: 7 children.
• My mother still alive.
• Land titles/properties undivided/non-surveyed yet.
• Lands owned: 2 conjugal and 1 owned when father was not married yet with first wife (single-owned).
• Out of the 2 Conjugal properties; 1 commercial rent with tenants living more than 20 years now. The other is the land we are living today.
• Eldest, first family, allegedly claimed she paid land taxes all said properties.
• Both parents, father and my mother still alive.

Argument:

My elderly father already decided to divide his properties however his eldest daughter (1st fam) has the title for the single owned land and father has the conjugal titles. The eldest refuses to return the single-owned title for reason that she allegedly claimed paying the taxes. Disagreement was on-going for years now.
When father asked to even try to take a look for the physical land title and the receipts of paid land tax dues, no documents/proofs to suffice alleged claims. They also refuse to take care of our sister with down syndrome. We are the ones taking care of her now instead and father wants to have her to the first family so that he can focus his time and responsibly to the second family.
In addition, the other land occupied for commercial rent also allegedly claimed that they can never be moved out since a “declaration document” is needed to prove that area was indeed agreed for commercial use. Note: According to father and with no document also, the land was agreed by both him and the tenants’ parents a long time ago. The tenants’ however where paying monthly rentals and with no increased amount of rental fees since the bond agreement up until now.
Inquiries:
a. Kindly advise us the legal proceedings covering the issue?
b. What are our property rights being the second family and if we can acquire shares from the father’s?
c. What can we do to ensure that our special sister will be at a comfortable state and care?
d. Can the tenants/renting occupants file claims or refuse request from land owner just because of verbal agreements?
e. We would like to seek documents/letters and contact agencies that could assist us, hopefully, of minimal finance disbursement?


At current state, father is of supervisory heath care due to age.

Positive response is greatly appreciated. Thank you for the time.

God bless!

Regards,
Emlin E. Nabua

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