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Property Distribution: Runaway husband, son, ex-wife and children

124 Views  ⚫  Asked 10 Months Ago
asked on Sep 27, 2017 at 20:22
by   alanshore
edited on Oct 17, 2017 at 07:13
 
I need advice for this, the scenario is,
1. parents are deceased,
2. property - a house in Sarawak, under my father's name, my (ex) sister-in-law - T and her sons are still residing in the house, as previously, they (my brother - J, T, and the sons) stayed with my parents,
3. currently, J has divorced with T, and had left the house, but,

after my father passed away, he came back and claimed the house. As previously, my parents kinda verbally mentioned that, the house will be for my brother - J and his family, considering that, he's kids, and among us, he's the one who first had a family and children.

My other sibling and I, we don't intend to take the house, but knowing that,
4. immediately if J gets the house, he'll sell it off, I don't know how he's going to settle T and his own sons,
5. J will spend the money somewhere with no good purpose,

that's the reason, we (sibling and I) are reluctant to just let J take the house, he's already stated that, he wants to sell the house. As he's not been going back to see the sons, and he's not officially explained these to any of us siblings and he's been hiding from us.

The probate has been completed and now, we don't know what's the best approach regarding the house. Therefore, we need some advice.

My common sense regarding the options that we may have is,
1. can the house be transferred to J and his eldest son? (but then, will T, the mother of the son be able to claim half of the ownership? as the son is still schoolgoer)
OR
2. can the house be transferred to J with a clause saying that, he'll only be able to sell it off after the sons have grown up?

He's not been paying any alimony too, and the last thing he can do is to takeaway their shelter.

Please help, thanks.
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1 Answers
answered on Oct 28, 2017 at 23:52
by   jeff005
1. can the house be transferred to J and his eldest son?
No only to J if there is a WILL

(but then, will T, the mother of the son be able to claim half of the ownership?
This issue should have been settled during divorce. If during divorce the property does not belong to J, she cannot claim. T should make claims based on T's half half share. That is a 1/4 share.

2. can the house be transferred to J with a clause saying that, he'll only be able to sell it off after the sons have grown up? 
Will he sign?

He's not been paying any alimony too, and the last thing he can do is to takeaway their shelter. 
Why she did not ask for Alimony during divorce? Children Living expenses?
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