Un-divided property

[lordcenon]

Written in a land title are 3 major names, i.e. my father (who passed away recently), my aunt (my father's elder sister) with her husband (both still living), another aunt (another of my father's elder sister but passed away) and her husband (still alive).

I am the eldest among the 6 and all still alive. According to the Land title, my father own's 8/10 of the estate, 1/10 for my 1st aunt mentioned, and another 1/10 for my second aunt mentioned. My desire is to have the property sold and get my own share,but all 5 of my brothers and sisters outnumbered me by deciding not to sell the estate. My first aunt is on my side, but the husband of my second aunt has not given his decision.

Can I go to court against my brothers and sisters ? What is the procedure? If there is a solution that favors my request, is the law stands to most country or only in USA?

Thanks for your advice.

 

[lordcenon]

hello, hi there...anybody around? pls help...any even a short advice? thanks

 

[seniorjudge]

Q: Can I go to court against my brothers and sisters ?

A: Yes.


Q: What is the procedure?

A: Hire a lawyer and file a partition lawsuit. The court will decide who owns what and then sell the land on the courthouse steps. If there are any proceeds, y'all will divide them.


Q: If there is a solution that favors my request, is the law stands to most country or only in USA?

A: Not sure what you are asking.

 

[lordcenon]

I am in the Philippines, and am having problem where to look for advice and can't afford to have an attorney...was your suggestion would apply here, i.e. to file a 'partition lawsuit'?

Thanks so many. More power to you.

 

[seniorjudge]

You need to hire a lawyer in your own country.