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please help...

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1 please help... on Tue May 31, 2011 2:01 am

dearlab629


Arresto Menor
I am 45 years old, the youngest of four in the family. My parents were married in the catholic church. Even as a small child I could see domestic violence inside my own family. It did not surprise me that few years after I was given for adoption at the age of 9, my mother left after repeated beatings and other forms of physical and verbal abuse in the hands of my father . I discovered my mother took another partner and had 2 daughters who perished from typhoon Sisang in 1989. My father took another partner and had 3 children. Now in their old age, my father started to divide the land properties among all the kids but me. I did not complain since i am now inside the monastery. My question is - does he have the right to divide the land to all the children including my half- siblings without the consent of my mother? He is not legally married to the second wife and my mother is still alive. I understand that the land property is a conjugal thing since they were married in the late 50s. I just don't want my father's actions become a problem to all my siblings when he is gone. Please advise as to the rights of my half-siblings and whether my father was right in what he did. Thanks and God bless!

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2 Re: please help... on Thu Jun 02, 2011 7:09 pm

attyLLL


moderator
when you say divide, do you mean that he is filing a deed of partition and there will be new titles issued? or he is just talking about it? or actual surveys have been made?

no, he should not be able to subdivide the property without your mother's consent.


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3 Re: please help... on Fri Jun 03, 2011 1:34 pm

dearlab629


Arresto Menor
AttyLLL, Thank you so much for your reply. That was what I thought, too. But since I have no background in law, I am not very sure about it. The last time I went home in 2008, my father took me for a walk and showed me which one belongs to whom and from where up to which point. I am not sure if deed of partition is being planned to be filed or new titles will be issued. I am not sure at this point if surveys have been made since I am here in the US. I'll be home in the next few days since my father is in critical condition, and this is what I want to explain to all my siblings to avoid further confusion. One more thing, can you please enlighten me what rights belong to my half-siblings in terms of inheritance? WE are 4 kids in the first marriage (civil and church) and there were 3 kids in the second partner of my father (live-in until now). Thanks a lot and Best regards!

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4 Re: please help... on Sat Jun 04, 2011 1:45 pm

attyLLL


moderator
your father and his partner are not married? were you legally adopted or just raised by someone else?


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5 Re: please help... on Sat Jun 04, 2011 2:40 pm

dearlab629


Arresto Menor
Hello, AttyLLL! You are correct, - my father and his present partner are not legally married (civil or church). I don't know how my half-siblings managed to enroll for their studies since two of them finished college, too. NO, I was not legally adopted (by a priest), I was just raised by him and he supported me in my studies until I finished my HS. I managed to finish my college course as a working student since my father refused to help me saying he has now other kids to help and I can manage to stand on my own. I am the only child from the first wife of my father who was able to finish college - the first four were HS graduate and are now all married with kids. Thanks for a follow-up reply and clarification.

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6 Re: please help... on Sat Jun 04, 2011 2:43 pm

dearlab629


Arresto Menor
Sorry...I should say, the first three kids (not four) because I am the fourth...thanks.

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7 Re: please help... on Mon Jun 06, 2011 7:52 pm

attyLLL


moderator
Technically, it is your mother, as his wife, who has property rights. She has to assert them.


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8 Re: please help... Today at 11:32 pm

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