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Implied trust benefits true owner of property...

Implied trust benefits true owner of property
"Do I have a right over a property which I, together with my brother, inherited from my father but is registered in the name of my brother for convenience sake. The land was registered when he was still unmarried. Will his wife share one half of the property? Richell 2Dear Richell 2, Under the circumstance, an implied trust may be established between you and your brother. A person who establishes a trust is called the trustor one in whom confidence is reposed as regards property for the benefit of another person is known as the trustee and the person for whose benefit the trust has been created is referred to as the beneficiary (Article 1440, Civil Code). When land passes by succession to any person and he causes the legal title to be put in the name of another, a trust is established by implication of law for the benefit of the true owner (Article 1451 of the Civil Code). This means that you cannot be denied of your legal rights over the property you inherited from your father even if the property is in the name of your brother. In this sense, the ownership of the property is vested to you and to your brother as co-owners thereof.The marriage of your brother will not make the property conjugal or even form part of the property of the spouses. This is because, as mentioned above, the property does not belong to your brother solely the latter being only one of the co-owners. Moreover, it was not acquired by said spouses during the marriage. Even the share of your brother in the property, after partition, would not be part of the property of the spouses because your brother has obtained the same through gratuitous title since he has only inherited it from your father. Under Article 92 (1) of the Family Code, property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property is excluded from the community property. In the same manner, a property which each spouse acquires during the marriage by gratuitous title is an exclusive property of each spouse (Article 109 [2], Family Code. We hope that we were able to address your concern. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.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."

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"Implied trust benefits true owner of property" was written by Mary under the Legal Advice category. It has been read 218 times and generated 0 comments. The article was created on and updated on 15 September 2021.
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