Rights of Legitimate Children to the Family Home

chester0821 · 1 Rights of Legitimate Children to the Family Home Fri Feb 25, 2011 9:45 am

chester0821

Arresto Menor

Posts : 6
Join date : 24/02/2011
Age : 38
Location : Bulacan

Good Day!

Our established family home is an exclusive property of our father, which he inherited from his mother(my granma). He also has his illegitimate children dwelling in our family home.

He plans to sell our that to have money because he has no work and no source of income. He doesn't give financial support to my brothers and sister who are still minor.

I'd like to ask what are the rights of legitimate children to the family home? Can he sell our house and lot even it is our established family home?

attyLLL · 2 Re: Rights of Legitimate Children to the Family Home Sat Feb 26, 2011 5:48 pm

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

i'm afraid that is his sole property, and you have no rights over it.

you can sue him for not providing support instead under ra 9262

chester0821 · 3 Re: Rights of Legitimate Children to the Family Home Sat Feb 26, 2011 7:51 pm

chester0821

Arresto Menor

Posts : 6
Join date : 24/02/2011
Age : 38
Location : Bulacan

thank you atty for the reply.

follow up question po:

if he sells our home, is he required to use the money to build new house for us, his legitimate child?

attyLLL · 4 Re: Rights of Legitimate Children to the Family Home Tue Mar 01, 2011 4:17 pm

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

no, he is not required to build a new home, but he is required to provide support to his children.

if there were improvements made to the property, then those will be considered conjugal property, including the annual taxes that are paid for it.

chester0821 · 5 Re: Rights of Legitimate Children to the Family Home Wed Mar 02, 2011 9:38 am

chester0821

Arresto Menor

Posts : 6
Join date : 24/02/2011
Age : 38
Location : Bulacan

Is my father required only to support his children that are below 18 y.o? Is he required to support my other brother who's 19 y.o. but has no capacity to be independent and who has not yet graduated even in secondary level? He has stopped schooling due to financial problem and support issue.

attyLLL · 6 Re: Rights of Legitimate Children to the Family Home Wed Mar 02, 2011 2:57 pm

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

i'd say he is still entitled to support

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work.

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Rights of Legitimate Children to the Family Home

1 Rights of Legitimate Children to the Family Home Fri Feb 25, 2011 9:45 am

chester0821

2 Re: Rights of Legitimate Children to the Family Home Sat Feb 26, 2011 5:48 pm

attyLLL

3 Re: Rights of Legitimate Children to the Family Home Sat Feb 26, 2011 7:51 pm

chester0821

4 Re: Rights of Legitimate Children to the Family Home Tue Mar 01, 2011 4:17 pm

attyLLL

5 Re: Rights of Legitimate Children to the Family Home Wed Mar 02, 2011 9:38 am

chester0821

6 Re: Rights of Legitimate Children to the Family Home Wed Mar 02, 2011 2:57 pm

attyLLL

7 Re: Rights of Legitimate Children to the Family Home

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