Do i have the right? May karapatan ba maghabol sa conjugal property ng step father ko? Amain tiyuhin

anonymous
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May karapatan ba ako sa conjugal property ng mama ko at stepdad ko? Pangalan nilang 2 ang nasa title ng lupa. Ngayon 1 year ng namatay mama ko. Binenta ng stepdad ko ung lupa na yun. Pero ni piso wala siya binigay sa akin. May karapatan ba ako maghabol sa parte ko? Kasal sila ng stepdad ko for almost 15 years. Answers please.

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
Naku, it depends. Una, sabi mo, step dad mo siya. So ibig sabihin, ikaw ay hindi biological daughter noong step dad mo. You are your mother's daughter from another relationship. Iyon bang lupa ay binili during your parents' marriage?

Did the money that was used to purchase the land come from the the properties of the marriage? kailan ba ikinasal ang mga magulang mo? Before 1989 ba? Or after?

Kasi, if they were married after 1989, husbands and wives bring all that they own into the marriage and they do not reserve any properties. So, everything they own prior to the marriage and which they still own at the time of the marriage and even those properties they acquire during the marriage belong to the marriage.

When the marriage is dissolved by death, the property gets divided in equal shares between the spouses. Now, the share of the mother (who died) is to be divided between her heirs (her husband and her child). You should have a share in your mother's half of the land.

You need to speak to a lawyer. YOu need to file case against your stepfather so that your mother's half of the lot can be divided between you and him. kaso, baka mas malaki pa ang magagastos mo sa kaso kaysa doon sa pinagbentahan ng lupa. I don't know what to advice you.

Please contact a lawyer who can advice you.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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