Selling a family home needs consent of children

Selling a family home needs consent of children " Our mother sold our house and lot last year after the death of our father. Could she sell the family’s property without consulting us, her children? Now, my siblings and I do not have a place to live in. We are temporarily staying in our aunt’s house. We do not know where we can get money for all our daily expenses and she does not seem to care. We are in dire need of enlightenment. Persius Dear Persius,You did not mention in your letter whether your mother owned the property exclusively or was it part of your parents’ community property. Assuming that the aforementioned property was an exclusive property of your mother, then she could sell it whenever she wanted.As a rule, the owner has the right to enjoy and dispose the thing he owns, without other limitations than those established by law. Only upon your mother’s death may you and your siblings have a right on her property. Until then, she does not need to consult you or your siblings about the disposition of her property.If your parents constituted the property as family home, it cannot be sold without your and your siblings’ consent. Furthermore, the family home shall continue for a period of ten years or for as long as there is a minor beneficiary notwithstanding your father’s death, and it cannot be partitioned unless the court orders so.However, if the property was not constituted as a family home but formed part of the absolute community of your parents, said property regime was considered dissolved upon your father’s death, and your mother must liquidate the properties that she and your father owned as husband and wife.The liquidation may be done in the same proceeding as that of the settlement of the estate of the deceased. If no judicial settlement proceeding is instituted, your mother must liquidate the absolute community property either judicially or extra-judicially within one year from the death of your father.The proceeds of the liquidations will answer to any debt your father owed. Should there be none, the share of your father to the property will be divided and distributed among you, your siblings and your mother being the heirs of your deceased father.If your mother failed to liquidate the property within the one-year period, any transfer or encumbrance she made would be considered void.As to your mother’s failure to provide for you and your siblings, it would be best for you to talk to her, inform her of your needs and remind her of her responsibility to provide for you and your siblings.Should she continue to fail in giving support, you have the option of filing a petition for support before the Regional Trial Court of the place where you reside.If the court finds that she has reneged from her obligation as a parent and if she has sufficient means to give support, then the court may grant your petition.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message ( key in: Times dearpao and send to 2299" - https://www.affordablecebu.com/