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Rights of Illegitimate children

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1 Rights of Illegitimate children on Sun Apr 26, 2015 11:17 am


Arresto Menor

My father just passed away. He was married to his legal wife but just been together for only 6-8years and got separated. They have 3 children. After their separation, without annulment, they both gain partner and both have children. My mother is his second wife, we are 3 and bears the surename of my father. They lived together for 16 years. Due to circumstances they also got separated. After the separation my father lived with his third wife and has 2 children with her. So what would be the rights of the legitimate and the illegitimate child? Will the legal wife can still get 50% of my father's wealth even though she already have a new husband and children since after their separation? How will be the inheritance divided? All the money and wealth was acquired by my father after the separation from his legal wife. Will it still be their conjugal property? How about the rights of the illegitamate child from the land acquired by my father through inheritance which already transferred to his name?

Thank you very much. Hope to hear an answer from you.

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2 Re: Rights of Illegitimate children on Sun Apr 26, 2015 9:40 pm


Reclusion Perpetua
Ang hirap sagutin.  Under circumstances where couples are married and children are legally recognized, wife gets half, children and the wife share the other half equally.  If there are illegitimate children, they get half a share of the legitimate children.  Provided, no last will and testament, no debts, properties are conjugal, wife is still surviving.

No annulment, no marriage, the mistress gets nothing.  Illegitimate children with an Authority to use Father Surname, the 3 still get a share from the conjugal property.  Additional 3 more children from another mistress, the mistress gets nothing but the 2 children with AUFS share with the original conjugal property.

This is just me.  Ask around to challenge.

Last edited by centro on Tue Apr 28, 2015 5:03 am; edited 1 time in total

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3 Re: Rights of Illegitimate children on Mon Apr 27, 2015 1:27 am


Arresto Menor
So the legal wife can still get 50% share even she already have a new partner and new children after their separation? Even she doesn't have any contributions? They are poor when they're together. My father started to gain properties with the help of his second wife and continued to gain more with his third wife.

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4 Re: Rights of Illegitimate children on Mon Apr 27, 2015 7:56 am


Reclusion Perpetua
Civil code.
haba yan, paki basa para sa info..

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