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Rights of Legitimate Children to the Family Home

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chester0821


Arresto Menor
Good Day!

Our established family home is an exclusive property of our father, which he inherited from his mother(my granma). He also has his illegitimate children dwelling in our family home.

He plans to sell our that to have money because he has no work and no source of income. He doesn't give financial support to my brothers and sister who are still minor.

I'd like to ask what are the rights of legitimate children to the family home? Can he sell our house and lot even it is our established family home?

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attyLLL


moderator
i'm afraid that is his sole property, and you have no rights over it.

you can sue him for not providing support instead under ra 9262


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chester0821


Arresto Menor
thank you atty for the reply.

follow up question po:

if he sells our home, is he required to use the money to build new house for us, his legitimate child?

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attyLLL


moderator
no, he is not required to build a new home, but he is required to provide support to his children.

if there were improvements made to the property, then those will be considered conjugal property, including the annual taxes that are paid for it.


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chester0821


Arresto Menor
Is my father required only to support his children that are below 18 y.o? Is he required to support my other brother who's 19 y.o. but has no capacity to be independent and who has not yet graduated even in secondary level? He has stopped schooling due to financial problem and support issue.

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attyLLL


moderator
i'd say he is still entitled to support

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work.


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