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Family Issues Property Settlements

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1 Family Issues Property Settlements on Wed Jul 13, 2011 10:23 pm


Arresto Menor

My mom and dad are separated but not legally (separacion de facto). My dad has a mistress and he is living with her now in the mistress's house. It is rumored that they adopted a child. Improvements had been made in the property. They also purchased chattel properties as well as real properties together. We don't know yet if the property is named under my father or not though some people say that the mistress are telling them its under her name. My father is giving my mom an allowance for her medication which is roughly less than 10% of his income.

1. What actions can we take aside from filing a legal separation case that would force my dad to show all his assets to account the conjugal property and make sure its intact? Take note we don't want to liquidate the asset yet we just want it fully accounted.
2. Is it advisable to furnish a document to be signed by my dad that he did not adopt the child rumored to have been adopted by him and his mistress? The reason why we want to have the document is because the mistress was said to have filed adoption papers and was said to have submitted the same to the civil registrar - the registrar though have been said to have refused the said papers (i'm not sure of the process).
3. Should we take no action for now and in case my father die would we be able to have claim against all the properties that my dad and his mistress acquired when they started living together given that we are able to prove that part of his salary is being used to pay for the properties?

Thank you. Any advice you can give will be greatly appreciated.

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2 Re: Family Issues Property Settlements on Thu Jul 14, 2011 12:26 am


1) legal separation is best because he may be penalized with his share of the assets. but you can also file for separation of property.

2) i don't see what good that will do, but there's no problem with that.

3) i thought it was the mistress's house? how would you prove which part was contributed by your fathe?

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3 Family Issues Property Settlements on Fri Jul 15, 2011 4:32 pm


Arresto Menor
On no.3 we can probably get statement of assets of the girl showing that her income is not enough to be able to have the improvements without the help of my dad. Plus the fact that my dad only spends like less than a 10th of his income and he doesn't have any saving accounts he can show.

The filing of separation of property seems an option we can take a look.

Thank you very much.

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