Q. Hi atty, We have a house we want to sell. It was owned by our parents. My father died already so we executed an EXTRA JUDICIAL SETTLEMENT document.
We already paid the estate tax and donors tax. Under the extra judicial settlement. 50% of the property goes to our mom who is still alive, the 50% divided by my 4 siblings, me and my mom. My mom waived her rights to us her children.
My question is , my mom wants to sell the house, me and two(2) of my siblings are agreeable to the sale but the remaining two siblings does not want.
Can my mother still sell it even my 2 siblings does not agree to sell ?
What can my mother do so we can sell our house? Hope you can help me. Thanks. JJ
Ans: My understanding in your email is that while your mother has waived her share from the inheritance arising from the estate of your deceased father, she did not waive the 50% representing her conjugal share.
In this case, as owner thereof and to the extent of the 50% of her conjugal share, your mother has every right to sell or dispose that share in the manner she pleases notwithstanding the opposition of your two(2) siblings.
However, if your mother decides to sell her share and the estate has not yet been physically partitioned, there could be an issue as to which portion of the property constitute or pertains to her 50% conjugal share, and which part of the property represents the estate that is being inherited by the heirs.
To resolve the impasse what you should do is to have the property physically subdivided into several lots where all co-owners(heirs including your mother) will have their own individual lot titles. In this way, each of the co-owners will be able to dispose their respective shares as these lots will be separately titled under in the names of the individual lot owners. Moreover, under the law, it is the right of every co-owners (siblings and mother in this case ) of certain real property to demand the physical partition of the property owned in common.
Looking forward you’ll find the above in order.
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