Conjugal Property and Re-marrying
1 Conjugal Property and Re-marrying on Fri Dec 18, 2015 5:50 pm
2 CONJUGAL PARTNERSHIP on Fri Jan 15, 2016 2:14 am
I'm not a lawyer but here are my comments from what I know about your case.
You are correct .. conjugal partnership between your parents terminated upon the death of your mother. What should have been done was to settle the estate of your mother which means listing all her personal owned properties and half share from the conjugal properties. The assets of your mom less liabilities = net asset should have been divided among the heirs i.e you and your siblings and dad.
Your dad should have half the conjugal property.. plus his share as heir of your mom from her own separate and 1/2 share from their conjugal properties.
Now in the case of your house and lot. After your mom died and the estate was not settled as above the account remained open..
It is cumbersome if you just pay the 200K balance... without any documentation to the verbal agreement your dad proposed.
At the end of the day the title is in his name and easy for him to dispose of it and the new wife can claim her share.
If your dad s new wife will have children then that complicates things further.
To make it simpler for you at least cover yourself by having the property mortgage to you for the sum of 200K that you said you ought to fully pay.
Otherwise after you paid things could change .. mood, relationships estranged, your dad's memory is clouded and got selective in his recollection of the agreement. You will see that putting agreement in writing and formalised annotated on the title will give you a lot of peace of mind in the end.
3 Re: Conjugal Property and Re-marrying on Fri Jan 15, 2016 6:20 am
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