My former de facto wife has transferred our family home to her 2 sons in an attempt to negate my share! I am an Australian now living back in Australia.
Is this FRAUD . Can I take kegal action to force the sale? Could legal expenses be ordered against her ? She also has an unpaid personal loan of P.225,00.00 plus interest with me, could that be repaid after the sale
of the house & included in my share during final settlement.
Is this FRAUD . Can I take kegal action to force the sale? Could legal expenses be ordered against her ? She also has an unpaid personal loan of P.225,00.00 plus interest with me, could that be repaid after the sale
of the house & included in my share during final settlement.
Respostas de Advogados
Villa and Cruz, Attorneys-at-Law
Jun 11, 2025
Jun 11, 2025
Dear Mr. Australian,
Kindly clarify if the family home is land or a condominium. If it is the former, then I regret to inform you that under the Philippine constitution, non-Filipinos cannot own land. Thus, your claim to any share to a “family home” that is land can never prevail. On the other hand, if the family home is a condo then you could have had a claim. However, if you can show that the purchase only happened because you lent her the money, then you have a claim against the money. The debt of money can be claimed but you have to produce a written document that proves the borrowing of the said amount. Cheers,
Kindly clarify if the family home is land or a condominium. If it is the former, then I regret to inform you that under the Philippine constitution, non-Filipinos cannot own land. Thus, your claim to any share to a “family home” that is land can never prevail. On the other hand, if the family home is a condo then you could have had a claim. However, if you can show that the purchase only happened because you lent her the money, then you have a claim against the money. The debt of money can be claimed but you have to produce a written document that proves the borrowing of the said amount. Cheers,
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