do i have the right?
By tess_quinain
@tess_quinain (1149)
Philippines
November 5, 2010 6:48am CST
I am an illegitimate daughter. My parents died when i was younger. I am living with my Aunt and nobody is living in our house anymore. I wanted to live with my house just like before with my other sisters. But, now, my cousin is occupying it. She ruined everything and remodeled it. She seems she would live there. I asked her why is she doing that. Then she answered, "I have the right."
What did she say? Did she say she has the right? right of what? living in my father's house? owning the property? I don't understand. Then she said it is because i am an illegitimate child. What the hell is that?
My father recognize us as his children. Don't we have the right to own what's my father owned? My cousin said it was because the lot is under my late grandfather's name. And his dad was paying the taxes before because my father couldn't afford it.
What the hell is this mean?
I'm looking for a legal advice.
Thanks mylotters.
9 responses
@zandi458 (28102)
• Malaysia
5 Nov 10
You should seek legal advice on this issue. If you carry your father's name in the registry, then your cousin has no business to claim what is rightful yours. Does the land in which the house is located has land title? If no, you still can claim ownership of the property as it is where you have lived and it doesn't mean that once your parents are no longer around, the property is for grabs.
1 person likes this
@Hatley (163776)
• Garden Grove, California
7 Nov 10
tess if your father,illegitimate or not, recognized you as his children your cousin is really wrong.I do not think that the term illegitimate has the same mean connotation as it used to have.She is just being really vicious and I would talk to a good lawyer and see if the house does belong to you legally.I think it does.
@emarie (5442)
• United States
6 Nov 10
I don't know if mylot is the best place to seek legal advice, but I would advise you to contact a property attorney to help you with this matter. If the land and home are owned by your father and there is no will, then I would assume it would go to whoever takes over the payments. But I would look at all the legal papers like the deed to the house and the land of course any will your parents left you. Legitimacy doesn't mean anything legally, if you are recognized by that parent and you are blood related then that's that. It just means you were born out of wedlock.
@ybong007 (6643)
• Philippines
6 Nov 10
Children have equal rights to their parents properties whether the legitimate or illegitimate. But having a house in someone else's property is another matter. You' case may be a bit complicated but is not something that can't be settled in court. It's best that you discuss the issue first among yourselves before going somewhere else. But if necessary, you can always consult a lawyer, and there are lawyers that offer their services for free, so you can settle the case fair and square.
@grace24 (1050)
• Philippines
6 Nov 10
Well, if the house is in your father's name..you have the right to live in that house because you are recognize as one of his children. Why don't you try to check if the house is in your father's name? Talk to your other sisters about that. Seek legal advice from your lawyer.
@TheAdvocate (2392)
• Philippines
6 Nov 10
Your issues are a bit complicated so I suggest you bring your documents to a lawyer. Some basic points though: (1) Paying real estate tax does not vest ownership to the one paying. Otherwise, all we have to do to take ownership of any land is to beat the owner and pay the real estate tax. It is an evidence of ownership but it does not transfer ownership - get what I mean? (2) You and your cousins are heirs to the property, the issue will be division. An illegitimate child gets half the share of a legitimate child.
As I said, the best thing is to go to a lawyer who will discuss the finer points of the law with you.
@oldchem1 (8132)
•
5 Nov 10
You need to get professional legal advise on this matter.
I'm not sure where you're from,here in the UK you can get one free sitting with a solicitor at Citizen's Advise who would tell you what road to take, I would imagine there will be some such agency where you live.
