Who Owns What

[robert k]

Steve, you say the land was "brought by the mum and dad". I presume that means they bought it together and it was joint marital property? As I understand it Dad was NOT Mum's primary heir unless she left a will. Mum's primary compulsory heirs would be her children for 50% of Mum's estate. The other 50% would be divided amongst the primary heirs (Mum's children) (double dipping) and the rest, including Dad. If Mum favored Dad with a will, he might actually own 75% (50% was Dad's to begin with, 50% of Mum's estate willed to him). If Mum did not favor Dad with a will, at a rough estimate I think he may own little more than 50% of the land. If you did not have a lease of the land prior to building the house, it may take the supreme court to figure out who owns the structure.

 

Mum's children had a stake in the old house that was torn down. It might be that whoever approved tearing the house down would be liable to Mum's heirs for their share of the value of the old house or the court could conceivably say that building a new house was merely an improvement since there was already an existing house and that Mum's children have a stake in the new house equal to their stake in the old house.

 

By all means get a will favoring your wife from Dad. The thing is that Dad can't will what he doesn't own due to the compulsory 50% of Mum's estate going to her primary heirs, which are her children.

 

If Mum's estate were never settled, I would do that now, before the land or the house increase in value. Once Mum's estate is settled, a monetary value can be set for each of the heirs share and possibly you can buy them out. This may be more difficult If you make the house really nice first or the land looks like it is about to appreciate considerably.

 

I don't want to be a party pooper. I consider the laws of succession / inheritance to be really screwed up in the Philippines but I believe the above is very close to the general outlines. There may be a few bells and whistles but I don't think they are going to be substantial.

 

If you did get it all straightened out, incorporation or setting up a trust which never die would I think be the way to go. Right now you have a lot of Co-tenants who have a right although not exclusive right to use the property, which at this point arguably includes living in the house. With a Trust or corporation, they would only own shares and not the actual right to use the property (live in the house) without permission. Succession of the director or trustee should be set well before hand.

 

I hope this helps.

[stevewool]

Steve, you say the land was "brought by the mum and dad". I presume that means they bought it together and it was joint marital property? As I understand it Dad was NOT Mum's primary heir unless she left a will. Mum's primary compulsory heirs would be her children for 50% of Mum's estate. The other 50% would be divided amongst the primary heirs (Mum's children) (double dipping) and the rest, including Dad. If Mum favored Dad with a will, he might actually own 75% (50% was Dad's to begin with, 50% of Mum's estate willed to him). If Mum did not favor Dad with a will, at a rough estimate I think he may own little more than 50% of the land. If you did not have a lease of the land prior to building the house, it may take the supreme court to figure out who owns the structure.

 

Mum's children had a stake in the old house that was torn down. It might be that whoever approved tearing the house down would be liable to Mum's heirs for their share of the value of the old house or the court could conceivably say that building a new house was merely an improvement since there was already an existing house and that Mum's children have a stake in the new house equal to their stake in the old house.

 

By all means get a will favoring your wife from Dad. The thing is that Dad can't will what he doesn't own due to the compulsory 50% of Mum's estate going to her primary heirs, which are her children.

 

If Mum's estate were never settled, I would do that now, before the land or the house increase in value. Once Mum's estate is settled, a monetary value can be set for each of the heirs share and possibly you can buy them out. This may be more difficult If you make the house really nice first or the land looks like it is about to appreciate considerably.

 

I don't want to be a party pooper. I consider the laws of succession / inheritance to be really screwed up in the Philippines but I believe the above is very close to the general outlines. There may be a few bells and whistles but I don't think they are going to be substantial.

 

If you did get it all straightened out, incorporation or setting up a trust which never die would I think be the way to go. Right now you have a lot of Co-tenants who have a right although not exclusive right to use the property, which at this point arguably includes living in the house. With a Trust or corporation, they would only own shares and not the actual right to use the property (live in the house) without permission. Succession of the director or trustee should be set well before hand.

 

I hope this helps.

WOW, i think i will do the house up for our  comfort and use it as a base to explore the Philippines , and while exploring we may find our own place  to call our home,

I feel that there will be problems down the road with members of the family that is why i am trying to sort all this out before we get over there, but it seems that i may be wasting my time ,

Again thanks for the great advice

[robert k]

Steve, I'm sorry it is that way. :23_11_62[1]:

[stevewool]

When i first started on the road to the Phils , it all sounded so wonderful, the close family ties was such a nice thought to have, maybe they are still out there, maybe i am thinking the worst too,

Why is it Emma my wife thinks i am being silly , the family are not like that Steve she says ,

Is it because i am from the west, and been brought up with you get of your back side and work, nothing is given free, yes that may be the past now but its in my blood,

I hope my future is still in the Phils and i do hope its with my wife by my side too , it would be nice that some of the family are just that little bit further away in my eyes

[DavidK]

It's easy in our house. What's mine is hers and what's hers is her own.

[robert k]

It's easy in our house. What's mine is hers and what's hers is her own.

Good to know that some things remain constant. :thumbsup: