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Cant own the land


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State Trooper

I got to thinking and maybe this has come up before but since a foreigner cant own the land, if he paid to have the house built, wouldn't he own the house?

 

So in theory if your wife, who had title to the land kicks you out, you could, again in theory, disassemble the house and take it with you. Granted a big concrete house would be hard to take apart but if you had a wood house...

 

Isn't this what squatters do when they kicked off the land they are living on?

 

Not having an experience like this, just thinking out loud.

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I grew up in Kentucky an I got just two words for ya.. Trailer Home

 

 

 

Just roll that shit away.

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Yes, that is correct. You, as a foreigner, cannot own the land under the home. But, you can own the home on the land.

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What happens if they put up a fence and can't get to your wood house ?

Edited by Balay
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broden

What happens if they put up a fence and can't get to your wood house ?

sketch-sikorsky-s64.jpg

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smokey

Before the effectivity of the Family Code, the regime of conjugal partnership of gains governs the property relation between the spouses in the absence of marriage settlements before the celebration of the marriage. Hence, marriages which took place before August 03, 1988 will have the said partnership as their property relation in the absence of marriage settlement between the spouses.

 

Under the conjugal partnership of gains, the husband and the wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or partnership, the net gains or benefits obtained shall be divided equally between them, unless otherwise agreed in the marriage settlements (Article 106, Family Code of the Philippines).

 

All the properties acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both of the spouses, is presumed to be conjugal unless the contrary is proved (Article 116, Family Code of the Philippines).

 

We would assume that your grandparents did not execute a marriage settlement when they were married and that they are governed by the conjugal partnership of gains. As such, the properties that they acquired during the subsistence of their marriage are conjugal, unless there are proofs to the contrary. Being conjugal properties, the ownership of the said properties belong to your grandfather and to your grandmother. When your grandmother died, their conjugal partnership of gains was terminated (Article 126, Family Code of the Philippines).

 

In the absence of proof to the contrary, their share in the properties shall be deemed to be equal. Half of the properties then will go to your grandfather as his share in the conjugal partnership and the other half pertains to your grandmother as her share. Since your grandmother already passed away, her share will be given to her husband and her children as her legal heirs (Article 887, Civil Code of the Philippines). Hence, your grandfather may validly sell that part of the properties which he owns without the consent of his children, that is, his share in the conjugal partnership and his share as legal heir of your grandmother. As owner of said properties, he has the right to enjoy and dispose of the same, without other limitations than those imposed by law (Article 427, Civil Code of the Philippines).

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Maybe you should look into a Corporation and give shares to others who no one knows except you and that are in different parts of the Phils. I had my gf sign a mortage note and payable upon demand. Is she wanted to do something a call in the loan and have to sell the house to pay off the Mortage.

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There are retirement communities around Cebu City now which are being build for foreigners, they own the house and the strata corporation owns the land, just like a condominium.

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Jess Bartone

What happens if they put up a fence and can't get to your wood house ?

sketch-sikorsky-s64.jpg

 

ROFLMAO.gif

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  • 3 months later...

Since I cant own a land here. I bought container shipping vans and converted them into homes. I found this as an Ideal opportunity to cut down on living costs. You can own a home like mine a 100 percent without all the legal paperwork as they are technically removable shipping containers. If you like my idea I will be happy to show you around my place.

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broden

Since I cant own a land here. I bought container shipping vans and converted them into homes. I found this as an Ideal opportunity to cut down on living costs. You can own a home like mine a 100 percent without all the legal paperwork as they are technically removable shipping containers. If you like my idea I will be happy to show you around my place.

if you got some pics .. i'm sure many would love to see them

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fanboat

Can a foreigner take out a 50 year lease on land and than build a house in his name

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Paul

Can a foreigner take out a 50 year lease on land and than build a house in his name

 

 

As worded from another site: Foreign individuals, corporations or associations may lease land for a period of 25 years renewable for another 25 years. (P. D. No 471, Fixing a Maximum Period for the Duration of Leases or Private Lands to Aliens)

 

 

So, basically, you can lease the land for 25 years and build a home on said land. Then, you can renew that lease for an additional 25 years, in accordance to Philippine law.

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