Donating Something You Don’t Own

QUESTION: Aldrin, I bought my parents a lot and have it titled in their name. I’m working in the US for over 25 years now so it was my gift for them. Desirous of providing them with a better place to live, I financed the construction of a 3-storey house on the lot, stating however that the house is mine. My parents are old and I learned that my brother convinced my parents to execute a Deed of Donation over the house and lot in his favor. My decades of toiling and hard work flashed before me. What can I do to prevent my brother from having the house and lot registered in his name?

ANSWER:

You have to assert your right over the house.

You must have a position that’s very clear – that the house is yours.

In a Donation, the donor can give any property as long as the property being given is owned by him.

Now, if the Deed of Donation was already executed by your parents in favor of your brother, have it annulled through a petition filed in our Courts.

You are the owner of the house and your parents cannot donate something they don’t own.

Of course, this is something that’s easier said than done.

Sometimes, the most meaningful remedy in a conflict is empathy, respect, and taking a genuine interest to listen to and understand the needs and concerns of the other.