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co-ownershhip

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1 co-ownershhip on Mon May 09, 2011 2:41 pm

shirleybngo


Arresto Menor
My husband inherited a piece of land...title of property is under his name...last year, his sister and husband requested ask for my husband's permission to build a 3-storey house on said property to be financed on 50-50 basis...her sister will then occupy the ground floor, my husband and I will occupy the 2nd floor and the third floor common area for both...my husband presented them with a contract stating a 40-year term for the co-ownership of the 3-storey house but they rejected saying they will sign the contract only if the term is deleted because they intend to stay and occupy the property for as long as the house is still standing...and they also intend to transfer their right to occupy the house to their heirs and beneficiaries...what should we do? please help...thanks...



Last edited by shirleybngo on Mon May 09, 2011 2:53 pm; edited 1 time in total (Reason for editing : wrong spelling)

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2 Re: co-ownershhip on Mon May 09, 2011 5:47 pm

attyLLL


moderator
do you still want to continue with the transaction?

it seems to me your husband doesn't want to give part ownership of the lot to his sister. is he willing to have co-ownership of the land also?


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3 Re: co-ownershhip on Mon May 09, 2011 6:37 pm

shirleybngo


Arresto Menor
problem is, nakatayo na ang bahay when the contract is drafted... and my husband is not willing to give part ownership of the lot to his sister...he only agreed to share the house that is standing on his lot...ang usapan kasi at the beginning is makiki-share lang ng bahay para may matirhan lang sila...but now, iba na gusto nila...gusto na ipamana yung part nila sa bahay sa "heirs and beneficiaries" nila...

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4 Re: co-ownershhip on Wed May 11, 2011 12:39 am

attyLLL


moderator
the only solution is to keep negotiating. otherwise this will end in court.


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5 Re: co-ownershhip on Sat May 14, 2011 3:09 pm

shirleybngo


Arresto Menor
THANKS PO...

atty, may tanong pa po ako... they rejected the 40-year term imposed by my husband sa contract for the co-ownership of the house...gusto kasi ng husband ko na after 40 years, yung anak namin na magmamana ng property ay pwede gamitin ang ground floor ng bahay for business kung sakali...since ayaw nila sa 40 years term at gusto ay forever na nila ma-occupy ang ground floorkasama ng kanilang mga anak at apo, ano po ang pwede namin i-incorporate sa contract in lieu of the 40 years term na magbibigay ng end sa pag-occupy nila sa ground floor? for examplr, can we indicate that thwe contract is co-terminus with the death of his sister? ano wordings pwede gamitin para di naman sila ma-offend? sa totoo lang, ok yung sister niya eh...ang evil behind all this is her husband na mataas ang ere at akala ay napakatalino niya at a-cut-above-the-rest ang pagkatao niya...pls help and advise kasi my husband had been having sleepless nights over this problem...ako naman, gusto ko, makuha ng husband ko what is due him without destroying their brother-sister relatiionship...kasi mahirap magsama sa isang bahay ng may alangan sa isa't-isa...

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6 Re: co-ownershhip on Sat May 14, 2011 3:27 pm

shirleybngo


Arresto Menor
isa pa po, atty...

what will happen kung wala po contract na mamamagitan sa amin? isa po yan sa option na naisip ng husband ko...yung hindi kami magpapapirma ng contract para wala silang panghahawakan at pwede namin sila paalisin anytime...pero may problem din po kami naisip diyan sa scenario na yan kasi, sa talino ng bro-in-law niya, nung pinapatayo ang bahay, pinalagay niya sa pangalan nilang mag-asawa ang mga resibo sa mga materials na nadeliver for the house construction...pagkatapos ng construction, hiningi ng husband ko mga resibo sa kanya para makita namin lahat ng nagastos sa materials, ayaw nilang ibigay at computer printout lang ng summary of all expenses ang binigay nioya sa amin...in case of no contract, pwede po ba niya gamitin ang mga resibo para habulin ang right nila sa bahay? lately, nalaman na lang namin from the kapithabay na pinagsasabi ng bro-in-law nya na altho amin ang lupa, sila daw ang nagpagawa ng bahay and he has proof...i think he is referring to the receipts na hawak niya...what can we do to counter all that?

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7 Re: co-ownershhip on Sat May 14, 2011 5:58 pm

attyLLL


moderator
are you already both occupying the property? what evidences do your have that you contributed to the costs of construction? you can offer whatever scheme, but the question is whether they will agree.

otherwise the remedy is to file a complaint for reformation or cancellation of the contract. you can cancel, evict them, then reimburse them for what they contributed.


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8 Re: co-ownershhip on Sat May 14, 2011 7:26 pm

shirleybngo


Arresto Menor
the construction of the house was completed oct2010...and yes, we are both occupying the property na...during the construction, their youngest brother was assigned to oversee the whole construction...siya na rin ang humahawak sa pondo at namamahala sa disbursement o bayad sa mga delivery...sa kanyang account namin pareho hinuhulog ang pera para sa pondo...hawak naman namin mga deposit slips at dun sa summary of expenses na binigay ng bro-in-law sa amin ay naka-indicate naman din ang breakdown ng mga deposits namin pareho sa pondo...but the summary was not even signed by him...
however, late na nang malaman namin na kampi itong youngest bro dun sa bro-in-law kasi magka-kunchaba sila na ilagay mga resibo sa name ng bro-in-law at siya rin ang nagturo na i-reject yung 40 year term na gusto ng husband ko...reason? kasi pinangakuan siya ng bro-in-law na sa kanya (youngest bro) i-aasign ang property if they die...
even without any signed contract or agreement we can evict them and reimburse them for whatever they contributed? what if they ask for interests on their contribution? i guess this may be the only way out of this predicament for us...nagdadalawang-isip lang ako kasi ayaw ko masira bro-sis relationship nila...

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9 Re: co-ownershhip on Sun May 29, 2011 2:19 am

shirleybngo


Arresto Menor
even without any signed contract or agreement we can evict them and reimburse them for whatever they contributed? what if they ask for interests on their contribution? i guess this may be the only way out of this predicament for us...nagdadalawang-isip lang ako kasi ayaw ko masira bro-sis relationship nila...

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10 Re: co-ownershhip on Thu Jun 02, 2011 4:57 pm

attyLLL


moderator
in negotiations, anything goes. it will all depend on what you can agree upon.


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11 Re: co-ownershhip Today at 5:19 am

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