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Foreigner divorce joint property ownership

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dgd

 How secure is it on this website for anyone to figure out who I am simply by some of the financial, location  and marriage details I would reveal here? 

 I am hesitant to put that out there until I hear someone I can PM that actually has done this sort of thing or until I feel it is safe for me to let you folks all know. 

 Advice please? 

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Cebuandrew

https://www.manilatimes.net/foreigners-barred-from-owning-property-in-ph/279118/

I think this article explains the law very well. Touches on the Constitutional laws here. In short, no, a judge cannot award real property here to a foreigner in a legal seperation or in any other proceeding. But, they will, if the price is right.

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dgd
41 minutes ago, Cebuandrew said:

My 2 cents, but this is a third-world Country. In cases like that, the judge will rule if one lines his pockets. I've seen "hereditary by succession" cases go 1-year and then 10-years before a judge ordered the sale. Lol...go outside tomorrow and watch how the election next week controls. I once paid a Catholic Priest 5k to tell my then gf that "God wants her to swallow." To "speculate" how a judge will rule here is incredulous without taking into the factor of corruption. I can only talk of Supreme Court cases here in da Phils...which I've read many. And many are overturned, because lower courts ruled by money given to them, and not by the actual law. Just saying, but before, when I did practice law in the States, I could guess how a case would go down. Here, it is dictated by the money. Not to talk about the 6-10 years after you get screwed in court here, because you did not pay the judge enough, before the Supreme Court overturns it.

 I decided to put this out there because she's coming home today and I won't have time to be on this for a bit less than a week. The government sends her to remote isolated communities in the far north by small plane for three or four weeks and then she's flown around as needed up there and comes back home for four days and then off she goes again. It is been that way for almost 2 years. I track her and she is doing that. It is very isolated with a small team of about 12 people doing what she does, which is very good work for the population. Been together 18 years married for 15. One child age 10 born in Philippines confirmed mine proven by genetic testing. Live in North America all the time. Wife gave up her Philippine passport more than 10 years ago  and is a citizen as am I by birth.  I'm considering just to cut and run and let the Philippines go. About US$100,000 in two separate houses titled in both our names and all paid off in gated communities on Mactan. Two surveyed taxed and documented lots of beach front with real beach & real front and walk to the water straight out of bed. No building there, just camping in isolation . About 13 signatures on some kind of document that names my wife and myself as somehow owning beach or having a right to it. We've been paying the taxes and helping the small community around.  I also bought a seven person van 11 years ago for about $13,000. Been paying registration and maintenance for it all along. My wife has always handled the Philippine finances and I have handled the North American finances.  I know pretty much where all the bigger money goes that is sent.  Of course there's always some extra parking by my wife but I know that psychologically it is better for her to get away with small amounts than to ask me for larger amounts. 

 Wife is bankrupt in North America owing in a ton of money she can never pay off to the bankruptcy firm. She  she had used credit during a bankruptcy  it to buy a business condo downtown Cebu for her family to manage a business idea they have in mind . Payments are for three years.  I am in my 60s she is in her very early 40s and is becoming distructive  in her menopausal states. I can take the infidelity, partying etc. but when it starts to cost financially that's when I go into action to make sure our son has the best I can offer. I am retired with no pension because just finished bankruptcy. But my wife has a good job and it's providing all the financial support currently.  Except they're going to get her with owing a ton of money somehow and it will really affect the well-being of my son and I. Therefore in any separation and divorce I will actually be much better financially off because she will have to pay me for the work I am now doing of raising our son. But she won't have the money.  possibly I should just stay quiet and use her menopausal body. She is still quite hot. 

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dgd
34 minutes ago, Cebuandrew said:

https://www.manilatimes.net/foreigners-barred-from-owning-property-in-ph/279118/

I think this article explains the law very well. Touches on the Constitutional laws here. In short, no, a judge cannot award real property here to a foreigner in a legal seperation or in any other proceeding. But, they will, if the price is right.

Wonder if offering title to a $30,000  House in a gated community on Mactan would do the trick.

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Cebuandrew
9 minutes ago, dgd said:

About 13 signatures on some kind of document that names my wife and myself as somehow owning beach or having a right to it.

Really sorry to hear this story. Really am. What I quote of it is maybe your only hope financially. Otherwise, I no see anything. Maybe there was a corporation or something? If so, you still might have 40%. 7 signatures will do it. In your situation, it is best to take the emotions out of it. Kids...menopause...I understand, but take emotions out. "To what end"? What is the end you seek? Please, boil it down. 

4 minutes ago, dgd said:

Wonder if offering title to a $30,000  House in a gated community on Mactan would do the trick.

It's her title, not yours.

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shadow
Quote

About US$100,000 in two separate houses titled in both our names and all paid off in gated communities on Mactan.

I'm thinking you should read the titles a little more closely. I'm betting it lists her as the owner, and as "married to" you.

 

That is NOT the same as being titled in both your names, and does not infer joint ownership. It means that she owns it, and she is married to you!

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Cebuandrew
2 minutes ago, shadow said:

I'm thinking you should read the titles a little more closely. I'm betting it lists her as the owner, and as "married to" you.

 

That is NOT the same as being titled in both your names, and does not infer joint ownership. It means that she owns it, and she is married to you!

Shadow, I defer to you on such matters. You have been an expert here for many, many years on such stuff. But, I have seen a few land titles here where it actually has the foreigner husband listed on the title. I researched it and it is a newer thing, where da local Broker does it to fool the guy into believing he has ownership, when under the Constitution, he has none. But, you are correct, as always.

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shadow
2 minutes ago, Cebuandrew said:

Shadow, I defer to you on such matters. You have been an expert here for many, many years on such stuff. But, I have seen a few land titles here where it actually has the foreigner husband listed on the title. I researched it and it is a newer thing, where da local Broker does it to fool the guy into believing he has ownership, when under the Constitution, he has none. But, you are correct, as always.

I don't claim to be an expert on land titles, having been out of that business for over a decade, and do not doubt what you say. I have seen where the foreigner was awarded some properties in the courts here, but I daresay it is the exception, and not the rule.

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Cebuandrew
1 minute ago, shadow said:

I don't claim to be an expert on land titles, having been out of that business for over a decade, and do not doubt what you say. I have seen where the foreigner was awarded some properties in the courts here, but I daresay it is the exception, and not the rule.

And before, when I owned a real estate office here, I read over 100 Supreme Court cases on it, and never was a foreigner awarded real estate, except through hereditary succession. I did read one case, where a foreigner was awarded an easement via adverse possession. Lol.

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dgd

 I've read over the years about the distinction between being able to own land and being able to own buildings as a foreigner married to citizen. I also now understand about the "married to" of my name on the title. 

 What I'm trying to accomplish is to not lose the entire hundred thousand dollars in money that was sent to purchase these. Plus her family is pretty cool but obviously wouldn't be on my side. They are the only cousins and relatives our young son has his age. 

 One of the aspect was something like that within six months of death or divorce  the property had to revert back to the  citizens family unless the foreign man was married to a Filipino. It's seem to not matter which Filipino.  I was even thinking of asking my wife's mother who is the only single woman left in the family. Her husband died about five years ago and she would be more than thrilled to take on my name even though there's no more money in it.  There are a few cousins around but they are way too young and I don't want another young woman.  A woman my age would be good. it would be a marriage of convenience, basically a business relationship. 

 The marriage to my wife is just a civil marriage in North America. 

 I don't mean to be cruel or chauvinistic or anything like that, just exploring options and ideas. I'm alone in this as you might imagine. 

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smokey

Drama.  Always more fun in the philippines

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Salty Dog
20 hours ago, dgd said:

 How secure is it on this website for anyone to figure out who I am simply by some of the financial, location  and marriage details I would reveal here?...

 

Why would you want to hide who you are from other expats...

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dgd

I was concerned enough to ask. It's personal stuff.

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Davaoeno
22 minutes ago, dgd said:

I was concerned enough to ask. It's personal stuff.

I strongly urge that if you have privacy concerns discussing your personal issues online is not the place to do it !! 

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dgd
On 5/8/2019 at 6:43 AM, Davaoeno said:

I strongly urge that if you have privacy concerns discussing your personal issues online is not the place to do it !! 

 Probably. But I'd find the advice insights and opinions of this group more important than the need for any more privacy than I am revealing. 

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