Attorney,
Good day,
Such an honor to be part of the forum Sir, I am an OFW with a Live-in partner i consider wife since 2005 (also an OFW), we lived together for years before she went abroad last 2008, after a year she brought a residential lot and year after she started constructing a house in a partial bases while abroad.. Her family is an informal settler and she is considered as the “breadwinner” which exactly the reason why she went abroad which I personally disagreed. And come what may, after 2 years she came home pregnant… But yes, I still managed to consider her as my wife-to-be because we had a beautiful 6 year daughter.. Thus, we have no other choice but to unborn the fetus with her own personal verdict, to preserve her morale..
So while the house is being constructed partially, my chance to go abroad came last 2011, so it was then I who supported the needs of my wife-to-be and that includes her entire family (her Nanay, Tatay, his Brothers w/ a wife and a baby also) and these guys has no jobs at all, so I became the breadwinner. Months later I was able to start sending money for the construction of the said house and when the house is a bit ready to be occupied, her entire family moved in which I was proud that anyhow I helped my wife-to-be in giving her family better lives.
We planned to merry long before I go home, yet when I came home, she eventually goes back abroad (so we never had a chance to wed).. So I stay on this house with the entire “Croods family” to feed in, and the problem occurred when I started some house renovations because I put an Agrivet store in front of the house that is why I need to apply few changes around but to my surprise when Tatay (a 70 year old carpenter) keeps on contrasting my plans (perhaps they believe that they owned the house “kaya bakit ko nga ba pakikialaman”) but on my part “eh sino kako ang dapat masusunod, yung nag-papatayo ng bahay o yung Karpentero na gumagawa ng bahay?” The problem was small but it became infected like a disputed island in a secret manner though. The family sent negative messages to their daughter (my live-in partner) abroad for some reasons and that is when the time came my Live-In partner commanded me to get out off the house and leave her family alone…
To make it short, all my money has gone trying to give them better lives, now I left nothing for my own.. Hoping I can come back abroad in a short time because we ended up “sa hiwalayan”..
Through this forum, It somehow appears that I have a 50% share of the entire property? What about Tatay and Nanay and even the Brothers (being the laborers) if they might happen to claim something? I have the Original receipts of all my accounts being sent to them when I was abroad and I also have an electronic Proof testifying that my wife-to-be got pregnant from someone while she was abroad. Could this be use to acquire a full custody of our daughter whom turning 7 years old this September? (Anyway my daughter uses my sure name NSO).. Sir, supposing I declared a statement or demand to claim my 50% share (if there is), where should I file the demand (Barangay, PAO or RTC)? If the said family remains defensive on behalf of the property, what could be the possible legal alternative remedies?
Please Sir… your legal advice would mean a lot.. maraming salamat po sa kanila, Attorney… God bless!