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ONLY CHILD

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1 ONLY CHILD on Sat May 23, 2015 2:45 am

hello po! good day! hingi lng po sana ako ng advice... thanks po in advance sa magrireply sa post ko. Smile

only child po ako. my parents got married 1970. i was born 1980. my father is a retired teacher. my mother was also a teacher. then, my mother died last 2009 due to complications sa diabetes. so, balik buhay binata ang father ko po. before my mother died, my husband and I promised to take care of my father. so, kahit medyo nakakapanghinayang, i resigned from a very good-paying job in the city last 2012 para umuwi sa probinsya namin dahil my father is turning 70 na and ang kasama niya lang sa house is 1 male working student. however, nung nauwi na kami sa house ng parents ko, i was sort of shocked and sad na "unwelcome" pala kami ng father ko. sa tuwing kumakain kami, nagkukuwenta na ang father ko sa "gastos at utang" nya sa market for food and other household items. hindi naman po kami patay-gutom ng husband ko. i now work as a freelance copyeditor and the pay is good din naman. my husband does not have a permanent job, but he does all the household chores and, in the evening, driver sya ng "habal2x" or motorcycle for hire. therefore, hindi kami dependent sa father ko. in fact, we pay the electric bill and the internet connection bill sa house, and my husband even contributes 1 sack of rice every month na share nya from his parents' farm. then, i found out na kaya pala ayaw ng father ko na nasa house kami kasi may mga "chicks" pala sya na pinagkakaabalahan. ok lang sana sa akin if my father finds a new partner in life kasi nga technically balik binata na sya. pero hwag lang sana yung 18 to 20+ years old, student, at kahit sinong tatanungin eh pera lang talaga ng father ko ang habol. because of that, my father and I are not in good terms. ang masakit pa, dinamay nya pa ang husband ko. ginawan pa ng storya na sinuntok daw sya ng husband ko, which my husband never ever did. so my husband and I decided to build our own house sa lot na nasa likod ng lot ng parents ko. ang masaklap, gumawa talaga ng paraan ang father ko na mapalayas kami sa house nila ng mother ko. only to find out na after 1 month ng pagpapalayas nya sa amin, dinala na nya sa house ang newest GF nya -- 40 something, not legally separated from her husband, and so my father is a "kabit" now.

i know that the house (and all things inside the house), lot, and pickup truck are conjugal properties of my parents. so i think my right din ako as their daughter. although ang title ng lot and registration ng pickup truck are in my father's name, but these were acquired while he and my mother were still married.

aside from that, may mga items sa house na namana ng mother ko from her parents.

i heard that my father is planning to sell the house, lot, and pickup truck. may "say" po ba ako about this matter? masakit po sa akin na ibebenta na lang nya ang lahat ng eto na equally pinaghirapan nila ng mother ko. i am not after these things because "materialistic" ako, but because of the sentimental value that these things have because of my mother. and i believe na may right talaga ako as their only child.

he is selling the house, lot, and pickup truck because magsasama na daw sila ng new GF nya sa city where the girl resides.

please enlighten me... please help me...
Sad Sad Sad

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2 Re: ONLY CHILD on Wed Jun 10, 2015 12:40 pm

Katrina288


Reclusion Perpetua
Hi,

I'm sorry to hear about your situation.

Yes, as an heir of your mother, you have the right to inherit from the properties she left when she died.

If your father sells the property, you should have a share from it.

Anyway, what you can do to get your share is to have an Extrajudicial Settlement with your father regarding the properties left by your mother. If all the properties you mentioned are part of the conjugal partnership of properties of your parents, then half of it will belong to your father (his share in the conjugal properties) and the other half (share of your mother in the conjugal properties) will be divided between you and your father.

Regards,

Atty. Katrina



Last edited by Katrina288 on Wed Jun 10, 2015 1:10 pm; edited 1 time in total (Reason for editing : typo error)

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3 Re: ONLY CHILD on Wed Jun 10, 2015 12:55 pm

centro


Reclusion Perpetua
Yours is a case which involves relationship and legal matters. There is a TV show on TV 5 hosted by Atty. Mel Sta Maria and Luchi Cruz Valdez which provides legal and counselling advice. Other than legal, you might be interested on what counselling can provide. The show farms out counselling advice to a battery of professionals who give on the spot reco on air.

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4 Reply to Katrina288 on Fri Jul 24, 2015 1:23 am

Katrina288 wrote:Hi,

I'm sorry to hear about your situation.

Yes, as an heir of your mother, you have the right to inherit from the properties she left when she died.

If your father sells the property, you should have a share from it.

Anyway, what you can do to get your share is to have an Extrajudicial Settlement with your father regarding the properties left by your mother. If all the properties you mentioned are part of the conjugal partnership of properties of your parents, then half of it will belong to your father (his share in the conjugal properties) and the other half (share of your mother in the conjugal properties) will be divided between you and your father.

Regards,

Atty. Katrina

Hi Atty. Katrina,

Thank you for the advice. Apologies for the late reply. I have been very busy at work lately.


Best regards,

GSR

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5 reply to centro on Fri Jul 24, 2015 1:24 am

centro wrote:Yours is a case which involves relationship and legal matters.  There is a TV show on TV 5 hosted by Atty. Mel Sta Maria and Luchi Cruz Valdez which provides legal and counselling advice.  Other than legal, you might be interested on what counselling can provide.  The show farms out counselling advice to a battery of professionals who give on the spot reco on air.


Hi Centro,

Thank you for the advice. Apologies for the late reply. I have been very busy at work lately.


Best regards,

GSR

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6 Re: ONLY CHILD on Fri Jul 24, 2015 3:08 pm

mrs_scofield


Arresto Mayor
Your parents got married in 1970, so the Civil Code governs their marriage. Under the Civil Code, the default property regime is the Conjugal Partnership of Gains.

Oftentimes referred to as the CPG, it is one of the property relations between the spouses, under which the husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements.

In other words, the following are placed in a common fund:

1. the proceeds, products, fruits and income from their separate properties; and

2. those acquired by either or both spouses through their efforts or by chance.

Under CPG, 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.

What is the significance of having an exclusive property?

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.

My question is was the house and lot acquired during the marriage?

All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved.

If so, was it bought using the exclusive money of your father?

If the house and lot is the exclusive property of your father then you don't have any right to deter your father from disposing his property. As long as your father is still alive, you don't have any right over his exclusive property.

As for the exclusive property of your mom and her share with the conjugal properties, you have a right over them. You and your father shall inherit the same. You are entitled to 1/2 of the net estate of your mom while your father stands to inherit 1/2 of YOUR share from the net estate.

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7 Re: ONLY CHILD Today at 5:44 am

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