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Property Rights on Second Marriage

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1 Property Rights on Second Marriage on Tue Dec 05, 2017 10:02 pm

VAYZ

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Arresto Menor
My mom passed away last December of 2016. All heirs (myself, siblings, and father are based abroad) we are all Filipino citizens. Since we are based overseas, we failed to process judicial / extra judicual settlement of our inherited properties, in the allowed 6 months period. Just last month, my father got married again. My questions are:

1. What process we need to undertake to transfer the titles of the properties to us siblings?

2. Will the new wife be part of shares / inhertiance that my mom left us if in case my father dies and we failed to transfer the titles?

Thanks in advance

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2 Re: Property Rights on Second Marriage on Thu Dec 14, 2017 1:50 am

betchay001


Reclusion Perpetua
Hello po,

The community property was supposed to be liquidated within 1 year of your mother's death. Your father still has time to do it. Since he remarried, the property regime that will govern is complete separation of property so as not to prejudice the heirs of the first marriage.

I suggest you contact a lawyer when you come home so you can have this settled.

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