anaximander23

On 9/20/2023 at 1:44 PM, jackingdash said:

Hello, I would like to ask for some legal advise if that is okay.

BACKSTORY: My dad and mom are separated. My mom said that they have a legal separation ruling but I still haven't read it. My dad has been living/staying in our family home with another "partner". They now have a kid with the birth certificate simulated to make it appear that they are the biological parents.

My dad said that he will be leaving/giving our family home to his new partner and kid. My siblings and I do not agree with this decision and are leaning to contest it. There are other properties that my dad may have given to his partner and kid already. And that is alright, we just are concerned with the family home that me and my sibling grew up on.

QUESTION: What legal document and action can we take to make sure that the title is not transferred? We had it checked in RD and it is still in the name of my dad. And... does my mom still have ownership of the property as well even if they were legally separated? 

Thank you, I hope you can shed light in our situation.  Thanks!

Just to give you some information. 
 

1. Legal Separation means that a husband and wife can live separately but are still married to each other. In relation to the new kid of you dad, he/she will be considered as an illegitimate kid and only entitled to half of your share of your legitime as heirs of your dad. 

The properties of your father MAY be transferred to other people if it is by way of a sale. If it’s via donation, it must not affect your share of the “mana”. 
 

2. If there is a decision for Legal Separation then there is a guilty spouse. The guilty spouse will then have no rights over the net profits of the conjugal properties of your Mom and Dad. Better check if there is a decision regarding this as said by your Mom. 
 

3. Better consult a lawyer for any action you can file against the transfer of the properties of your Dad to his new partner and kid. 

5 hours ago, lexamicus said:

Before you let them rent your unit, nilinaw po ba nila sa inyo kung ilan ang magiging tenant? if wala po kayong contract sa kanila you are legally free na paalisin sila since that is your property. 

Just to also add as a tip make sure to always have a Contract of Lease with your tenants. 

Nakalagay na lahat doon pagdating a monthly rent and kailan magbabayad, security deposit, tagal ng kontrata, ilang tao lang pwede doon, etc. 

Mas mabuti lagi may kasulatan sa mga bagay tulad nito para pag may problema kontrata lang ang basehan para mabilis ang usapan.