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HOUSE AND LOT TRANSFERRED BY A BROTHER TO ANOTHER BROTHER WHO IS SINGLE AT THAT TIME NOW MARRIED,IS THE WIFE HAS THE RIGHT TO CLAIM?

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julie cortez


Arresto Menor

Good afternoon,ang lupa ay awarded ng NHA sa nanay at tatay q,over age na sila kaya pinagalan sa brother namin na tinransfer naman nya sa bunso na brod namin na that time single pa,nung nagkaasawa na,gusto na i claim ng babae at paalisin ang mga anak ko nanakatira doon dahil single mom ako walang sariling bahay at tatay namin,conjugal property po ba nila yun na matatawag?
Maraming salamat po sa kung ano mang maiadvise nyo.

attyLLL


moderator

where is your youngest brother? did he have to pay when the property was transferred to him? what documents were used? is he recognized as owner by the nha?

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julie cortez


Arresto Menor

Dear sir,

My brother is now staying in his wife's place,visiting my father once in a while who's still in the house that was transferred to him,he's paying it by installment plan,not yet fully paid,the older brother signed a special power of attorney authorizing our youngest brother to transact business at the NHA. As of now, i don't know yet if NHA already put it in his name. I am a single parent sir, my 3 children stayed with my father in that house. My problem is , the wife of my youngest brother is trying to make a way to get the house and lot, that's why sir, i wanted to know if she has the right. Thank you so much sir

julie cortez


Arresto Menor

If a person acquired the house and lot when he was single, can it be a conjugal property when he got married? because the woman is so determined to get the house and lot,trying to make stories so that my brother will kick my children out of the house who stayed there for 16 years.
No matter will be your answer i'll be thankful. Just want to be cleared,if she has the right,then i can't do anything. I'll look a place for my children if she has the right.
Thank you so much sir.

attyLLL


moderator

so you are staying in the house with your father? and it is the youngest son who is paying the nha?

you should find out at the nha whose name is listed in the property. you said your eldest only issued an SPA so that means it was not transferred to the youngest.

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julie cortez


Arresto Menor

Dear sir,

Good afternoon, yes, my children stayed with my
father, he and his wife paying NHA by installment basis,
thank you so much sir, i'll ask my son to go NHA to find
out.
Yes, it's only an SPA. I'll let you anytime sir,
thank you so much.
Have a nice day.

julie cortez


Arresto Menor

sir, good afternoon, i forgto that my elder brother also signed a waiver of deed of rights and interests in favor of our youngest,if ever it's in his name already, i just want to know if it will be called a conjugal property if he was still single at that time that my elder brother transferred to him the house and lot. If his wife has the right to kick my father and children out of the house, thank you so much.

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