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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5751
Experience:  20 years professional experience
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My parents passed so my sister and I inherited the house in

Customer Question

Hello. my parents passed so my sister and I inherited the house in Philippines but we all live here in USA but youngest sister and her husband and son live in that house for free just taking care of the house and two rentals property. Before my mother died we have agreement that all of us will not sell the house. Now, we have a problem with our sister who lives there because she takes the rental money instead of putting in the bank for house maintenance account. they live there for free since my parents were alive. So, can we do something about this because she is so hard headed sister and she live a very extravagant life and here we are paying our rent here and live in hard way.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Maverick replied 7 months ago.

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Expert:  Maverick replied 7 months ago.

Because the house at issue is located in the Philippines, there is not much that a USA court can do to exercise jurisdiction over the property. What you would need to do is show the the courts over there that you have inherited an interest in the house and that due to a difference of opinion on how the home should be divided or used, you now seek a court order to partition the property. This means that the court would order the property sold and after deducting the costs of court and costs of sale, it would divide the sales proceeds based upon each siblings inherited interest which may be 1/3 each in this case.

The child who demands that the properties of his deceased parents should be partitioned and distributed to the heirs may file an ordinary action for partition under Rule 69 of the Rules of Court. Under the said rule, a person having the right to compel partition of real estate may file a complaint in the Regional Trial Court (RTC) of the province where the real property or part thereof is located.

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