Legal Question in Real Estate Law in Philippines

Deceased Parents Properties

My X-husband's parents died leaving 7 childrens with their own families. They want to sell the property to get his share but two of the children don't want to sign and not to leave the house. What steps to make if two is not agreeing to sell the property and wants to occupy the house for their own benefits. Thank you.


Asked on 7/22/07, 12:00 pm

2 Answers from Attorneys

Frederick de Borja DE BORJA LAMORENA AND DUANO LAW OFFICES

Re: Deceased Parents Properties

Your situation is not uncommon, more so when there are heirs who are no longer residing in the Philippines. The minority heirs tend to think that they can keep the co-ownership of the properties among the heirs and continue living in the family home interminably. The remedy is somewhat complicated and there is bound to be a legal twist in every case, so I suggest you consult a competent lawyer and lay down all your cards on the table. There will be a lot of options and much strategizing to do. It would be irresponsible of me to give you a course of action without knowing all the facts. It would be like a doctor prescribing aspirin for pregnancy, di ba??

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Answered on 7/22/07, 7:35 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Deceased Parents Properties

If the property were located in the Commonwealth of Virginia and the heirs could not agree as to its disposition, the executor would have to sell it and divide the sale proceeds among the eligible heirs(after all legitimate creditor bills chargeable to the estate had been paid).

If the estate had already closed and the heirs/owners were still squabbling as to how the property would be used, any one of the owners could petition the circuit court where the property was located for an order requiring that the property be sold in lieu of partition with a subsequent distribution of the sale proceeds to the owners of record.

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Answered on 7/22/07, 9:06 pm


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