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Is the tile of the land conjugal property or not?

3 posters

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fmarquez77


Arresto Menor

Dear Attorney,
My father died many years ago, and he had a homelot under his name. Can my mother execute to sell said land. The land owned by the parents of my father, however, it was titled when my mother and father already married.

I want to buy the lot by applying a LOT PURchase with Pag-ibig fund.
Can the lot be sold by my mother to me thru Pag-ibig?
Thanks...

attyLLL


moderator

it depends on : how the property was transferred to your father and when his parents were married.

either way, when he died, you and your mother (i assume you don't have siblings) now own the property as co-owners because you inherited from your father. you would be purchasing your mother's share.

to do so, you have to first settle your father's estate so the property can be validly transferred to you and your mother. only then can you apply for a loan.

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fmarquez77


Arresto Menor

Attorney, thank you for your reply. I am somewhat clarified now. But i want to ilucidate more info. on the issue.
The title contained the name of my father and it is specified there also that he is married to my mother(with my mother's name). Actually, the title was transferred thru deed of sale. The lot was purchased by my parents from my grandparents.
My questions are: 1.)Is the property a conjugal property and can my mother sell it?
2. On other way, if this lot becomes our inherited property (I have 5 siblings,) can we take the extra-judicial settlement with absolute sale?
3.) Can I possibly be the buyer with my co-owners as seller thru Pag-ibig FUnd loan?
Thanks and more power..

Endless

Endless
Arresto Menor

I can only answer the number 1 question.

1. If your father or mother or both have purchased the said property during or after the celebration of their marriage, then that property is considered as a conjugal property.

But if your father bought the property before the celebration of the wedding, then it will not be considered as a conjugal property.

attyLLL


moderator

agree with endless on no. 1

2. extrajudicial settlement is separate from the sale. this is only the mode where you and the other family members pay for the estate tax and transfer title over the property to themselves.

3. very interesting question. in theory, i believe it is possible, but you will have to inquire with pag-ibig if they will consent to such arrangement.

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