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Petition for receivership and authority for sole ownership of conjugal property

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ndelrosario1214


Arresto Menor

My Father has abandoned our family 13 yrs already. He is now living with her mistress and a 10 yr old son.
He stopped supporting us beginning year 1987 and up to present but he totally left the family in the year 1996 or 1997.
Since then, I who is 16 yrs old that time together with my two sisters who are still single also at that time strive harder to live in our own. I and My mother shouldered every hardship that passsed our lives. I tried a lot of work to help my mother and also to support my study in college.
Now the situation is.. My mother sold one of their conjugal property (a parcel of land) without hte consent of my father. When my father learned it, he is asking for his part but my mother refused him. I also have to mention that when my father left, its not only his paternal and marital obligations was not given to us but also with regard to property matters, he did not pay for real property taxes from 1985 up to present and it is my mother who shouldered all of those including the penalties imposed to it because of many lapses.
My question is!! Can my mother ask the court for receivership and petition for sole ownership of their conjugal property, because my father abandoned us and failed to do his paternal and marital obligations and also for letting my mother to pay alone the taxes for real property?
Can my father file a case against my mother for not giving my father his share? Can my mother still file a concubinage case against my father and his mistress eventhough it is quite late already? My mother didnt file a case before because my Tito's and Tita's request.

Please answer all my questions, we need it very badly!
Thank you in advance, nawa'y pagpalain kayo ng Diyos!
Salamat po.

attyLLL


moderator

the possible remedies available for your mother are petitions to be declared the sole administrator or legal separation.

yes, your father has a cause of action to annul the sale.

if your father is still with the mistress, then yes, she can file a criminal charge of concubinage. she can also file a case of economic violence undrer ra 9262, and assert her ownership over his assets.

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ndelrosario1214


Arresto Menor

Thank you very much AttyLLL!!!

Can I ask another question?

Gusto ng Father ko na hatiin na yung natitira nilang conjugal property. Ang problema hindi raw niya bibigyan cno man sa kanyang mga legitimate children. May karapatan ba kaming mga legitimate children na makihati sa kanilang ariarian sakaling maibenta ito? Ang mother ko ay gustong bahahagian kaming mga anak. Paano kung ayaw ng mother ko na ibenta yung said property? Ang katwiran ng tatay ko ay may sakit siya at matanda na kaya gusto na niyang maging pera nayon upang may pantustos siya sa gamot. Pero ang alam naming dahilan ay sinusulsulan siya ng kinakasama niyan babae. Marami ng naibentang ariarian ang father ko na hindi hinabol ng mother ko. Meron siyang ipinatayong bahay sa marikina at ipinangalan daw sa kanilang anak, pwede po ba na habulin ito ng aking Ina?

Kung sakaling magkakaroon po b ng demandahan between the two of them, mga magkano po ba ang kanilang gagastusin para umusad ang kaso?

Maraming salamat po uli, sana po'y masagot niyo uli ang aking mga tanong.

Muli po, akoy nagpapasalamat at naway marami pa po kayong matulungan. God bless you po!

attyLLL


moderator

the legitimate children have no right yet to take part in the conjugal property. you are only entitled to inherit. the parents can donate to the children the advance the inheritance, but if not, the children have no right to claim.

yes, your mother can claim her share in the marikina property because conjugal funds were used.

note, that when i say claim, these are complaints in court which will be her remedy if your father refuses.

cost depends on the lawyer you retain.

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ndelrosario1214


Arresto Menor

thank you again AttyLLL! Mabuhay po kayo!

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