Family Rights vs 2nd husband. Please help.

My family is in a very nasty situation. My grandmother remarried last 2003 after being widowed for more or less 4 decades. She established herself as a business woman and has acquired several properties including a house where I grew up in and lived until recently.

The problem is that her 2nd husband kicked me out of the house. He labeled me as a visitor to that house where I grew up in. Does he have the right to kick me out? I am married. However, my lola declared that she wants me around the house. (My mother, this lola's daughter, died recently so wala na yung direct descendant niya)

To clarify, I didn't do anything criminal. At worst I called him an a/s/s ho le in his face because I felt that he really was. He is a retired general and he want to run the house like we were soldiers and I am rebellious of that.

Second, my mother died recently so my father and my brother resides in that house also. So does the death of my mother nullify our right (if any) to stay at the property. Does the 2nd husband have the right to assume authority over the property that my grandmother acquired long before they were married?

Legal advice would be appreciated. My grandmother, of course wants me and the rest of my family to stay at the house. However, her husband continually harasses us during our stay there.

TIA.

Assuming that they do not have a pre-nuptial agreement before the marriage wherein they agreed to a separation of property or other property relations, the second husband can be considered as co-owner of all the properties of your grandmother except with respect to those properties that were acquired by your grandmother by gratuitious title (such as by inheritance/donation). Being a co-owner of a property, the husband certainly has authority over the property.

In any case, for as long as your grandmother is allowing you to live at the house, then you have the right to be there because she is likewise a co-owner of the house.

Regarding the harrassment, if the second husband will harm or threaten you, you can of course file a criminal case against him for physical injuries or threat, as the case may be.

Since you mentioned that your grandmother has several properties, why don't you ask her to give you another property where you can live separately from her husband.

there was no pre-nuptial agreement. isn't this property her exclusive property as she acquired it in the 70s long before their marriage?

From the family code also.

(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. (201a)

^what does that mean?

You see, madaling sabihin na kami ang lumipat but understand that dito ako pinanganganak. Dito ang 3 anak ng lola ko (including my mom) since this house was built. Dito sila nagka-asawa. Now suddenly, here comes this 2nd husband and telling us, the legitimate descendants of the one owning he property, that we are mere visitors of the house.

Sorry for my mistake. Yes, under par. (3) of Art. 93 of the Family Code, among those excluded from the community (common) property are those “properties acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property.” The rule is intended to protect the rights of the legitimate children and descendants of the first marriage.

That being said, your grandma’s second husband has no right to eject you from your present residence. It is the exclusive property of your grandmother. Thus, your grandmother gets to decide what to do with the property.