Jump to content
dgd

Foreigner divorce joint property ownership

Recommended Posts

dgd

Next questions... sigh

 I can ditch the property.

My  young son was born in the Cebu while we were visiting. My wife & I both were and still are foreign citizens as well as our son.  However with him being born in the Philippines I do see a possibly for him to receive benefits of the properties I paid for. Also his  family in Cebu has a bunch of similar age cousins who all have a mestizo interest in him.

Can a child be given ownership of land and buildings in the Philippines?  The kind of ownership that survives his parents break up?

 That reminds me what would happen regarding inheritance of buildings and property in Cebu willed to a Philippine born child  of a Philippine born former citizen (mom) both now having foreign citizenship and living abroad?

 

 Thanks guys. As you can imagine this is tough for this old guy & im alone in it. 

 

Share this post


Link to post
Share on other sites
shadow
4 hours ago, dgd said:

Next questions... sigh

 I can ditch the property.

My  young son was born in the Cebu while we were visiting. My wife & I both were and still are foreign citizens as well as our son.  However with him being born in the Philippines I do see a possibly for him to receive benefits of the properties I paid for. Also his  family in Cebu has a bunch of similar age cousins who all have a mestizo interest in him.

Can a child be given ownership of land and buildings in the Philippines?  The kind of ownership that survives his parents break up?

 That reminds me what would happen regarding inheritance of buildings and property in Cebu willed to a Philippine born child  of a Philippine born former citizen (mom) both now having foreign citizenship and living abroad?

 

 Thanks guys. As you can imagine this is tough for this old guy & im alone in it. 

 

The Philippines does not recognize jus soli (born in the Philippines) as a right to citizenship. Therefore, if the mom was not a Filipino citizen at the time of birth, he is not a Philippine citizen and has no more rights than you do.

Share this post


Link to post
Share on other sites
seanm
On 5/19/2019 at 7:07 PM, shadow said:

The Philippines does not recognize jus soli (born in the Philippines) as a right to citizenship. Therefore, if the mom was not a Filipino citizen at the time of birth, he is not a Philippine citizen and has no more rights than you do.

I don't understand how they "legally" own property if the wife is not a citizen and the husband is not a citizen.

Share this post


Link to post
Share on other sites
lamoe
3 hours ago, seanm said:

I don't understand how they "legally" own property if the wife is not a citizen and the husband is not a citizen.

Quote

 

"Wife gave up her Philippine passport more than 10 years ago  and is a citizen as am I by birth"

 

If I read it correctly - the wife is a Philippine citizen -- became a Canadian after marriage?  Giving up passport dosen't change that

  • Like 1

Share this post


Link to post
Share on other sites
seanm
2 hours ago, lamoe said:

If I read it correctly - the wife is a Philippine citizen -- became a Canadian after marriage?  Giving up passport dosen't change that

 

ah ok thanks.

I did not know one could give up passport and still be a citizen.

Share this post


Link to post
Share on other sites
Davaoeno
54 minutes ago, seanm said:

 

ah ok thanks.

I did not know one could give up passport and still be a citizen.

of course you can .   Judges often order people who have been charged with major crimes to give up their passports until trial.

  • Like 1

Share this post


Link to post
Share on other sites
dgd
5 hours ago, seanm said:

I don't understand how they "legally" own property if the wife is not a citizen and the husband is not a citizen.

 

1 hour ago, seanm said:

 

ah ok thanks.

I did not know one could give up passport and still be a citizen.

In this case wife got foreign passport and gave up Philippines passport as a requirement of the other country.

Share this post


Link to post
Share on other sites
dgd
3 hours ago, lamoe said:

If I read it correctly - the wife is a Philippine citizen -- became a Canadian after marriage?  Giving up passport dosen't change that

What changes is she can no longer purchase land without a Philippines passport.

  • Like 1

Share this post


Link to post
Share on other sites
shadow
5 hours ago, seanm said:

I don't understand how they "legally" own property if the wife is not a citizen and the husband is not a citizen.

Former Filipinos are allowed to own property.

Share this post


Link to post
Share on other sites
Davaoeno
16 minutes ago, shadow said:

Former Filipinos are allowed to own property.

I believe there is a maximum of 1000 sq m ?

  • Thanks 1

Share this post


Link to post
Share on other sites
shadow
Posted (edited)
7 minutes ago, Davaoeno said:

I believe there is a maximum of 1000 sq m ?

Yes, but like most everything else, I don't think the limit is enforced unless someone files a complaint. I know a former Filipino that gave up his citizenship about 20 years ago who visits every few years, that owns 3 hectares of farmland in southern Negros.

 

Most residential homes sit on less than 1000 Sq meters.

Edited by shadow
  • Like 1

Share this post


Link to post
Share on other sites
Jawny

I am not sure if this is apples to oranges, but I did have an experience regarding ownership issues by former Filipinos. 

I wanted to buy some land for a right of way (path to my property). The portion I wanted was small, but passed through one of many parcels owned by a single family.  They held titles to many lots, including the one I had interest in.

I was told the purchase could be done by a deed of sale from one of the family members.  One of the few who remained in the Philippines. However, the risk was, the other relatives (all siblings) could decide to come back tot eh Philippines in some future date and make a claim that the land was sold without their permission as they had inheritance rights to the land.

Accurate assessment or not, I did not make the purchase.   

Share this post


Link to post
Share on other sites
Davaoeno

They have 2 years after registration to file a challenge. I always look at the date of last registration when buying a property or accepting it as collateral 

Share this post


Link to post
Share on other sites
shadow
1 hour ago, Davaoeno said:

They have 2 years after registration to file a challenge. I always look at the date of last registration when buying a property or accepting it as collateral 

I thought it was 5 years, hence the notation on an Original Certificate of Title the property cannot be sold or transferred for 5 years from issuance date.

  • Like 1

Share this post


Link to post
Share on other sites
Davaoeno

They have 2 years after registration to file a challenge. I always look at the date of last registration when buying a property or accepting it as collateral 

47 minutes ago, shadow said:

I thought it was 5 years, hence the notation on an Original Certificate of Title the property cannot be sold or transferred for 5 years from issuance date.

I have a safe full of titles. None of them have a 5 year notation  and I cant remember ever seeing one. 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Commercial Banner Advertisers

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use, Privacy Policy and Guidelines. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue..