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Conjugal Property and Re-marrying

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1 Conjugal Property and Re-marrying on Fri Dec 18, 2015 10:49 pm

ithucz


Arresto Menor
I have this issue with our house. We have this house which was founded as a conjugal property loaned from National Home Mortgage Financial Corp. by our parents since 1989. They have been married since 1981.The house hasnt been paid since our mother died last 2008, so our areers grew higher and higher summing up to 200k including the balance. My father re-married a few years back and they are now staying at our house. Now, my father wants me to settle all the remaining debts since he insists that the house will belong to me and my siblings when he would pass away. I am willing to pay it fully, but I'm worried that half or worse, all of it would belong to her new wife since I understand that conjugal property is terminated upon the death of either spouse. Can you give me some legal advise? Thanks

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2 Re: Conjugal Property and Re-marrying on Fri Dec 18, 2015 11:49 pm

Lunkan


Reclusion Perpetua
Some ideas:
The property can be transfered to your name when you pay the debt (and perhaps some more).
If you father want protection against not being kicked out, it can be combined with for instance a contract he is allowed to live there until he dies. (You too.) Including telling what he need to pay to stay there if any.
BUT perhaps it will be a problem making the new wife agree to that, because they are married allready.

Is the property titled?
If so you can get some protection by give that debt amount as a LOAN to your father and wife with the property as collateral. (Noted at the title and in the Register.)

If it isn't titled, you can try to get it titled.

If it don't become titled, you can't use it as collateral, but you can still LEND the money to them.
I don't know if such can be combined with a condition you get the property when you father die (and pay the ballance to the new wife if her inheritance part of the value is biger than the dept.)

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3 Re: Conjugal Property and Re-marrying on Sat Dec 19, 2015 12:29 pm

ithucz


Arresto Menor
So what i need to do is get them involved into a contract where they would allow me to get the house once he has died? Of course i would allow them to stay there but only as long as my father is alive. That was a very big help. Thanks a lot. Regarding if it is titled, i will look further into it. Thank you so much for the hasty reply.God bless

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4 Re: Conjugal Property and Re-marrying on Sat Dec 19, 2015 1:07 pm

betchay001


Prision Mayor
In the Phils we have compulsory heirs. The stepmother will inherit from your dad and any contract is deemed invalidated if there is an intention to leave her out of the inheritance.

Check the title. Have it transferred in your name while your father is still living.

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5 Re: Conjugal Property and Re-marrying on Sat Dec 19, 2015 2:57 pm

Lunkan


Reclusion Perpetua
"So what i need to do is get them involved into a contract where they would allow me to get the house once he has died? Of course i would allow them to stay there but only as long as my father is alive. "
Well. Then your stepmother will get less than what she is entitled to. That's why I wrote some more ideas how it perhaps can be solved somehow your stepmother can find ok.
Is she much younger than your father?
There isn't any problem with where she will live after your father die, if your stepmother die first Smile
Is it urgent for you to get the house to live in when your father die? If not, a part of the deal can be leting your stepmother live in the house until she die too. I guess it's much easier to get her to agree then.

"The stepmother will inherit from your dad and any contract is deemed invalidated if there is an intention to leave her out of the inheritance. "
Yes. That's why you need to compensate the difference between the dept and the value, if you get the title. Or only your stepmother's share if your father agree to not get any (other than stay until hr die.) ="Buy your stepmother out". Note when you count, half of the dept too is stepmother's Smile

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6 Re: Conjugal Property and Re-marrying on Mon Dec 21, 2015 1:23 pm

ithucz


Arresto Menor
Well, yes. She's a lot younger than my dad. That's why we hated her so much because it's obviously the inheritance she's after. My dad is a pensioner, so we get it that she wants that too. We can take it if she continues to benefit from my dad's pension when he dies, but the house? It's our mother's memento. They built it together with my dad, most probably for us siblings. So why should she benefit from it? Well if it's what the law says then we might as well make some adjustments and accept it.
By the way, here's what I got about the land title, I asked my dad and he said it's named after my mom with the title certificate T 93.467,. Area 189.. Do land titles really present like that? And is it still possible for my deceased mom to own it under her name? Sorry for my ignorance. This thing is very new to me. Never really cared about it until this issue presented right on my doorstep. Thanks so much for the big help.

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7 Re: Conjugal Property and Re-marrying on Mon Dec 21, 2015 11:04 pm

Lunkan


Reclusion Perpetua
"if it's what the law says then we might as well make some adjustments and accept it."
Oh I thought of one thing which don't erase the problem, but PERHAPS reduce it. Someone with more skill in inheritance laws can tell if the idea is any useful.
When your mother died, I suppouse you and your sibblings have some INHERIT rights (although your father keep the control and use right).
IF so, I believe ithe part belonging to your father is only a litle more than HALF, so if so the stepmpther can only get her inherit part of that a bit more than half... =The problem is perhaps a bit more than half.
But I don't know if the stepmother keep the control and use right after your father die. That need to be checked.

OR you TRY to get the other solution I wrote about earlier = When you pay the loan, the property is SOLD to you (for the loan money plus difference in value, which can be a loan to them, if they agree to that.) But ot can be hard to convince your stepmother. Start with inform her her share will be only a bit over 1/4 of /the property value MINUS the dept (1/4)./ Perhaps you can make the stepmother sign the documents if you pay her some cash.

" I asked my dad and he said it's named after my mom with the title certificate T 93.467,. Area 189.. Do land titles really present like that?"
According to the bad copies I have seen, it's like that.

" is it still possible for my deceased mom to own it under her name?"
Such is COMMON in the Philippines. It's even common with titles in grandparents name or even earlier, which often make a mess when someone need to check who is owner now. That can be a reason too, you try to buy out them, so you get the title in YOUR name now.
Think of the DIFFERENCE moving it to your name make concerning property tax and bills responcibility, when you discus how much is fair when counting compensation.

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