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Inheritance & Void Marriage

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1 Inheritance & Void Marriage on Thu Sep 21, 2017 2:49 pm


Arresto Menor

When my Dad passed away (4 years ago), he left us with house and lot (our home for many years) and series of problems.

1. SSS record shows my dad was married to other woman(Lady A).

2. My other sister ("kapatid sa labas") is now claiming our house and other properties. She's a daughter of my dad and different woman (Lady B).

3. My mom was the guarantor when my Dad applied for loan, now my Mom is being chased to pay.

1. What will be our rights now that my mom's marriage void. Can she be considered Common Law Wife? What are her rights?
2. What about our rights, son and daughters of my mom?
3. What is the right of my other sister, who also claims her inheritance.
4. My Dad is dead, should my mom continue to pay the loan?

Thanks in advance.

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2 Re: Inheritance & Void Marriage on Thu Sep 21, 2017 11:47 pm


Reclusion Perpetua
1. Did your mother help acquire the properties?

Since your mother was living with a man under a bigamous marriage, only the properties which they acquired by their ACTUAL joint efforts shall be owned by them in COMMON.

So if say, your mom and dad acquired P100 worth of properties through their ACTUAL joint efforts, say, your dad contributed P70 and your mom  P30, your mom can only get her P30. She has no right to a share in your dad's actual contribution because she is not considered your father's heir. If she did not contribute and your dad paid for the entire P100, she gets nothing as the 100 belongs to your dad's estate to be divided among his heirs, you being one of them.

2. Your half-sister also being illegitimate has a right to claim the same share as you, which is half of what A's children are entitled to.

3. Shares of illegitimate children are equal to 1/2 of the share of legitimate children.

4. Read the loan agreement. If your mother promised to jointly and severally pay, they need not go after your father's estate first before collecting directly from your mother.

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3 Re: Inheritance & Void Marriage on Fri Sep 22, 2017 4:43 am


Arresto Menor
Thanks Jadis for the reply.

I have further questions and additional info.

1. I am not 100% sure the history on how they acquired the property or on how much each contributed. From what I know, when my dad's business got bankrupted, they borrowed money and the house was the collateral. My mom paid the whole amount for 5years when she worked as OFW. Will this be considered as part of her contributions?
They've been together for 34years and when my he died, thats the time we got to know that he is married to Lady A.

2. We don't have any knowledge the whereabouts of the Lady A and probably their anak. Who should initiate the dividing of the inheritance? where most of the claimants now are illegitimate.

thanks again.

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4 Re: Inheritance & Void Marriage on Fri Sep 22, 2017 5:14 pm


Reclusion Perpetua
1. Yes.

2. Hire a lawyer and initiate the estate proceedings of your father, so that the other claimants who say that they are his children will prove their blood relationship to him.

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