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Property acquired by Filipino and alien spouse not conjugal


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fred42

Where a Filipina and her alien spouse purchase real property in the Philippines, such property is not considered conjugal in view of the constitutional prohibition against aliens owning private lands.



Petitioner was an American citizen who was married to a Filipina. His wife bought a house and lot in the Philippines under her name alone, although the deed of sale indicated that she was married to petitioner.  The tax declarations over the property were likewise issued in her name, and she assumed exclusive management and administration over said property.  All these were made with the knowledge and without the objection of petitioner.

The wife subsequently sold the property to respondent without the knowledge and consent of her husband.  This prompted him to file a suit with the courts of justice for the annulment of the sale.  Claiming the property to be conjugal, petitioner contended that it could not be sold without his consent.

The Regional Trial Court (RTC) dismissed the petition and upheld the validity of the sale.  It ruled that although there exists a legal presumption that property acquired during a marriage is considered conjugal unless the contrary is proven, such presumption does not apply in this case.  Being an alien, petitioner was disqualified from owning real property in the Philippines by express mandate of the Constitution. 

- See more at: http://www.manilatimes.net/index.php/opinion/columnist1/42511-property-acquired-by-filipino-and-alien-spouse-not-conjugal#sthash.HLFNBmrv.64RAvrxq.dpuf

 

 

http://www.manilatimes.net/index.php/opinion/columnist1/42511-property-acquired-by-filipino-and-alien-spouse-not-conjugal#

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There is NO WAY that a foriegner can buy land (or property that includes land) in the Philippines.   For those that think they have found ways round the law, forget it. You havent and may well find

maybe he needed a bigger lawyer then her lawyer ,,, unless your trying to tell us NOT to buy property especially if you live in the philippines there is no way around this .... if anything can be lear

It's kinda weird, the law and the officials seem to be somewhat at odds on the interpretation.  Now this I can tell you from experience.  When we bought property my name was listed on the contract as

smokey

Where a Filipina and her alien spouse purchase real property in the Philippines, such property is not considered conjugal in view of the constitutional prohibition against aliens owning private lands.

 

 

Petitioner was an American citizen who was married to a Filipina. His wife bought a house and lot in the Philippines under her name alone, although the deed of sale indicated that she was married to petitioner.  The tax declarations over the property were likewise issued in her name, and she assumed exclusive management and administration over said property.  All these were made with the knowledge and without the objection of petitioner.

 

The wife subsequently sold the property to respondent without the knowledge and consent of her husband.  This prompted him to file a suit with the courts of justice for the annulment of the sale.  Claiming the property to be conjugal, petitioner contended that it could not be sold without his consent.

 

The Regional Trial Court (RTC) dismissed the petition and upheld the validity of the sale.  It ruled that although there exists a legal presumption that property acquired during a marriage is considered conjugal unless the contrary is proven, such presumption does not apply in this case.  Being an alien, petitioner was disqualified from owning real property in the Philippines by express mandate of the Constitution. 

- See more at: http://www.manilatimes.net/index.php/opinion/columnist1/42511-property-acquired-by-filipino-and-alien-spouse-not-conjugal#sthash.HLFNBmrv.64RAvrxq.dpuf

 

 

http://www.manilatimes.net/index.php/opinion/columnist1/42511-property-acquired-by-filipino-and-alien-spouse-not-conjugal#

 

maybe he needed a bigger lawyer then her lawyer ,,, unless your trying to tell us NOT to buy property especially if you live in the philippines there is no way around this .... if anything can be learned try to make sure she is going to marry you for love and not just $$$$///    or you can hope some day there is a divorce law passed till then men will always be at a disadvantage in terms or property rights if they are foreigners.

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Alan S

There is NO WAY that a foriegner can buy land (or property that includes land) in the Philippines.

 

For those that think they have found ways round the law, forget it.

You havent and may well find out (to your disadvantage) in the future.

 

Basically, dont even think about buying.

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karma007

When will guys learn, you own nothing here, never asume that the law is going to help you.

 

Smokey keep living in the dream. But serious you do not own anything, and pray that she never wakes up one day and says she want you out of her life.

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Brucewayne

When will guys learn, you own nothing here, never asume that the law is going to help you.

 

Smokey keep living in the dream. But serious you do not own anything, and pray that she never wakes up one day and says she want you out of her life.

Smokey has been through a lot worse than that and survived, he has sold a mini-mansion here and taken the cash back to the states and probably at a nice profit considering how many dollars his Pesos can buy now.

What I don't understand is that if we buy land in our wive's names and she moves out, it is called "conversion" and deemed as illegal.

Okay, maybe it is conversion, but what about our cash we used so she could buy the land, isn't that a larger scale of conversion when we put our thousands of dollars into her name?

We can pay and pay, but all of our money usually ends up in other pockets once we decide to build and a lot of wives (as you stipulated) are more than happy to take our money and tell us to pack it up and go.

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spydoo

What if she buys the land before we marry her, in her name, then we lease it from her for 50 years, again before marrying her? It would also need to be declared in the marriage docs. Doesn't that give us the land for the next 50 years? It's something I've read that would seem to work for us guys who haven't yet married. 

 

Is it true?

Edited by spydoo
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shadow

Where a Filipina and her alien spouse purchase real property in the Philippines, such property is not considered conjugal in view of the constitutional prohibition against aliens owning private lands.

 

 

Petitioner was an American citizen who was married to a Filipina. His wife bought a house and lot in the Philippines under her name alone, although the deed of sale indicated that she was married to petitioner.  The tax declarations over the property were likewise issued in her name, and she assumed exclusive management and administration over said property.  All these were made with the knowledge and without the objection of petitioner.

 

The wife subsequently sold the property to respondent without the knowledge and consent of her husband.  This prompted him to file a suit with the courts of justice for the annulment of the sale.  Claiming the property to be conjugal, petitioner contended that it could not be sold without his consent.

 

The Regional Trial Court (RTC) dismissed the petition and upheld the validity of the sale.  It ruled that although there exists a legal presumption that property acquired during a marriage is considered conjugal unless the contrary is proven, such presumption does not apply in this case.  Being an alien, petitioner was disqualified from owning real property in the Philippines by express mandate of the Constitution. 

- See more at: http://www.manilatimes.net/index.php/opinion/columnist1/42511-property-acquired-by-filipino-and-alien-spouse-not-conjugal#sthash.HLFNBmrv.64RAvrxq.dpuf

 

 

http://www.manilatimes.net/index.php/opinion/columnist1/42511-property-acquired-by-filipino-and-alien-spouse-not-conjugal#

Thanks, this is one that always seem to show it's ugly face, everyone knows a way to get around the constitution!

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shadow

What if she buys the land before we marry her, in her name, then we lease it from her for 50 years, again before marrying her? It would also need to be declared in the marriage docs. Doesn't that give us the land for the next 50 years? It's something I've read that would seem to work for us guys who haven't yet married. 

 

Is it true?

Yes and no, the maximum duration of lease of private lands for a foreigner is 25 years, extendable for another 25 years if both parties are in agreement at the end of first term.

 

Make sure that "complete separation of property" is checked on the marriage certificate, and list the lease in the marriage settlements. 

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SkyMan

What if she buys the land before we marry her, in her name, then we lease it from her for 50 years, again before marrying her? It would also need to be declared in the marriage docs. Doesn't that give us the land for the next 50 years? It's something I've read that would seem to work for us guys who haven't yet married. 

 

Is it true?

You can't have a lease with your wife.

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shadow

You can't have a lease with your wife.

You can under certain circumstances, as listed above in my previous post.

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spydoo

You can't have a lease with your wife.

You can if it's signed before the marriage, then noted in the marriage documents like Shadow described.

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smokey

When will guys learn, you own nothing here, never asume that the law is going to help you.

 

Smokey keep living in the dream. But serious you do not own anything, and pray that she never wakes up one day and says she want you out of her life.

that is because smokey dont give a rats ass ,, i could live in a motel 6 the rest of my life if i have to ... men have it all wrong for over 1,000 years we have thought we were stripping them when in fact they will always find a way to strip you so dont stress and live day by day 

 

 

WHAT HAPPENED TO THE GOLDEN RULE....  NEVER INVEST IN ANYTHING YOUR NOT WILLING TO WALK AWAY FROM ..

Edited by smokey
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Davaoeno

that is because smokey dont give a rats ass ,, i could live in a motel 6 the rest of my life if i have to ... men have it all wrong for over 1,000 years we have thought we were stripping them when in fact they will always find a way to strip you so dont stress and live day by day 

 

 

WHAT HAPPENED TO THE GOLDEN RULE....  NEVER INVEST IN ANYTHING YOUR NOT WILLING TO WALK AWAY FROM ..

 

 

And Smokey is an expert on this  because Smokey has walked away from more money  than most of us ever had !!   :yahoo:

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Davaoeno

 

he has sold a mini-mansion here and taken the cash back to the states and probably at a nice profit

 

 

Smokey is going to be very surprised - but very happy I am sure - to hear that piece of news !!!    Smokey - why didnt you tell us you sold the palace ??   :yahoo:

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Brucewayne

You can't have a lease with your wife.

Can you find the statute that states this?

Not being a smart ass, but I would really like to see it.

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