Usual Scenarios of Property Partition:
Case No.1 – The one or both the parents passed away.Children are left with properties in the name of the parents. How can they subdivided these properties and registered the same in their names.
Case No. 2 – The parents already died. One of the children wants to transfer the properties of his parents to himself but other siblings do not agree.
The first case can be solved by execution of an deed of extra-judicial partition. This can be done if the requirements stated in Rule 74 Section 1 of the Rules of Court are present:
1. The decedent (parents who died) left no will.
2. The decedent left no debts, or if there were debts left, all had been paid.
3. The heirs (children) are all of age, or if they are minors, the latter are represented by their judicial guardian or legal representatives.
4. The partition was made by means of a public instrument or affidavit duly filed with the Register of Deeds.
The affidavit must be executed by the heirs and must contain the necessary allegations to support a valid extrajudicial settlement of estate. The affidavit shall be published in a newspaper of general circulation, once a week for three (3) consecutive weeks.
For a sample of a Deed of Extra judicial Partition, email firstname.lastname@example.org
In the second case, the child who demands that the properties of his dead 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. If several distinct parcels of land are situated in different provinces, venue may be laid in the RTC of any of said provinces.
The complaint for partition shall set forth the nature and extent of the complainant’s title and an adequate description of the real estate of which partition is demanded and joining as defendants all other persons interested in the property (Section 1, Rule 69 Rules of Court).
For a sample of a Petition for Judicial Partition, email email@example.com