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Property under my dad's name... help!

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1 Property under my dad's name... help! on Sun Feb 07, 2016 11:47 pm

Cookie365


Arresto Menor
My dad left my mom with nothing and moved back to the Philippines. I'm in the process of helping my mom obtain some type of ownership to the lands they have purchased throughout the years. He's a smart man who definitely thought it all through. They've been married for 30 years and recently left her for another woman in the Philippines. Everything is under his name. He took care of the financials, everything! We don't even know how to go about the process. Can she obtain titles? If they're under his name, is she entitled to any of it? She's probably going to need a lawyer? But with no money, we don't even know how to begin the process. Thank you!

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2 Re: Property under my dad's name... help! on Mon Feb 08, 2016 8:39 pm

betchay001


Prision Mayor
When he passes on, he will leave his properties to his rightful and legal heirs. The thing is, if your father is smart, he may opt to transfer the titles now to his mistress. Your mother is entitled to half of it. Talk to relatives, see where the properties are. You may be able to get certified true copies of the titles. Good luck.

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3 Re: Property under my dad's name... help! on Mon Feb 15, 2016 9:11 pm

Filia


Reclusion Perpetua
If they have been separated for more than a year, your mom may petition for judicial separation of property (unless before their marriage, the executed a pre-nuptial agreement). That way, your mom will be given her share of the properties of your father regardless its registration solely on his name. If they did not have a pre-nuptial agreement, the property regime that governs them is community property, meaning whatever belongs to ur father also belongs to your mother even if your mother did not do/help anything for the acquisition of the properties.

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4 Demand letter? on Wed Feb 17, 2016 10:33 am

Cookie365


Arresto Menor
Filia wrote:If they have been separated for more than a year, your mom may petition for judicial separation of property (unless before their marriage, the executed a pre-nuptial agreement). That way, your mom will be given her share of the properties of your father regardless its registration solely on his name. If they did not have a pre-nuptial agreement, the property regime that governs them is community property, meaning whatever belongs to ur father also belongs to your mother even if your mother did not do/help anything for the acquisition of the properties.

Thank you. Would a demand letter be sufficient you think if my mom were to request for property division, this way it is amicable, then if my father does not want to settle or resolve the situation by the demand letter request, suing him would be the only route correct?

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5 Re: Property under my dad's name... help! on Wed Feb 17, 2016 10:45 am

Filia


Reclusion Perpetua
No, this is something that cannot be done by agreement if what you meant was that what your mom is entitled of. But if you mean support only, a demand letter and an agreement will be fine.

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