Who owns what

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Mike J
Posted
Posted

https://attorney.org.ph/legal-news/212-the-rule-for-dividing-the-inheritance

One thing that I had never really considered and I discovered in research was that in a marriage  property and houses are considered conjugal property.  When one of the spouses die the "estate" consists of 1/2 of those conjugal properties.  Many, perhaps even most of the folks who frequent this site were already well aware of that and I am showing my ignorance. :89:   I had come to think of all the property and houses we own as being up for grabs if my wife should happen to pass before me.

So . . .

Mom dies and her 1/2 of that conjugal property becomes part of mom's estate.

1/2 of the estate goes to dad and 1/2 of the estate is split between the five children.

So the net results of all conjugal property would be 75% to dad and 5% to each child

If there was a legal separation then things get more complicated.  See article 1002.

In any case you may want to consider getting a legal opinion as a lot depends on if the property is considered conjugal and if he is a legal heir.

This is of course my interpretation of what I read, but I am not a lawyer so my opinion is worth exactly what you had to pay for it. :dance:

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stevewool
Posted
Posted

I shall leave this one alone and let the family sort it all out when the time comes, you never know I may not be around once it has to be sorted out.

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