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What case can they file against me if i and kids dont vacate our conjugal house w/c located in commonly own by ex and his brod and sis?

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crespadilla


Arresto Menor
Greetings !
We are separated with my ex, and we( kids and me) live in our conjugal house located in commonly own inheritance lot of my ex and his brother and sister. They want us to vacate the house for the reason they will use the lot now. They filed to the barangay and give us date just until July 20 to vacate the house because they will use the said lot where our conjugal house is located. The barangay chairman attest the notice. Now i am starting to look for a house for rent so that we can move,,,but honestly i dont want to leave our own house but i dont want also they will file a case against me...What will i do? Please help me,,,
Respectfully, crespadilla

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crespadilla


Arresto Menor
I am planning to ask for the haft share of our house,so that i can build a new house for my 4 kids,,,and don't vacate until they will not give my share,,,am i right?

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attyLLL


moderator
when did your husband inherit the property, before or after your marriage?


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crespadilla


Arresto Menor
We married 1985 and this title of land was transferred to them commonly 2005 after my father (their father) in law died 2004 because my mother in law waive her right in favor of her 9 siblings. i was the one who process this title to be transferred to the nine siblings.

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crespadilla


Arresto Menor
We are not yet legally separated, but i am planning to be annulled but due to the big expenses,,,,i am weak.

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crespadilla


Arresto Menor
We married 1985 and this title of land was transferred to them commonly 2005 after my father (their father) in law died 2004 because my mother in law waive her right in favor of her 9 siblings. i was the one who process this title to be transferred to the nine siblings.
We are separated but not legally. Planning to be annulled but due to big expenses for that,,,i am weak.

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crespadilla


Arresto Menor
Please i want asap advice base of my statement above , i filed 4 counts of 9262 to my ex already and i don't want to face another case anymore...what will i do?
respectfully, crespadilla

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attyLLL


moderator
the lot is sole property of your husband. if the house is also inherited, then it is his sole property also, but if it was built during your marriage then it is conjugal property and you have the right to stay.


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crespadilla


Arresto Menor
Thank you.
Now, according to my kids, that my ex husband waive his heir in favor to his sisters and brothers and my ex don't have share anymore to this the said land, and this is the reason they have guts to vacate me and my kids from the conjugal house. Now do our right to stay is still strong? wish to hear another advice,
Respectfully, crespadilla

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attyLLL


moderator
what is clear is that you don't have to vacate if you believe you have rights over the property. they have to file a case and you will have the opportunity to respond.

you can allege that the house is conjugal property, and it is their burden to prove that your husband has no ownership over the lot.


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crespadilla


Arresto Menor
Thank you very much attorney. Everything is clear about my right to stay in our conjugal house.

I have additional concern attorney,,,if they file a case against me about the situation above,,, and if i plan to go abroad does it cause my delay? or it leads me not to travel outside Philippines? Please i need your advice about this matter...I heard humors, and needs to clarify.
Respecfully, crespadilla

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attyLLL


moderator
if they file a criminal case, it is possible.


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crespadilla


Arresto Menor
Hello to the group,,,,thank you very much for the valuable advice legally. i am enlightened now ,,,thank you and more power.

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