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Property acquired by Filipino and alien spouse not conjugal


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Brucewayne

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:

He did if I'm not mistaken.

It is in another thread.

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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

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:

i didnt know maybe there is another smokey out there..... i will most likely sell if its ever going to sell after the mall is done. .. and if not   oh well its paid for ... i am very fluid in life and go with the flow... I dont like arizona but my reason is ... its boring nothing even close to the philippines every day is a ..j((( Dam do you believe what you just saw with your own eyes. The only thing close to strange stuff to see is over on 42nd. st in new york of course this is coming from a guy who liked being in viet nam so a few bricks have fallen off my wall

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Woolf

 

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.

 

Turbota sold his house 11.75 million peso

 

http://www.livingincebuforums.com/topic/54050-transferring-large-amount-of-money-from-pi-to-us-sold-house/

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RogerDuMond

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

Not true the marriage negates the lease because you can't lease property from a spouse. That is covered in the law to keep people from getting around the statute.

 

As a foreigner you can own the house, but not the property that it is on.

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smokey

Not true the marriage negates the lease because you can't lease property from a spouse. That is covered in the law to keep people from getting around the statute.

 

As a foreigner you can own the house, but not the property that it is on.

so if you split up just take your half of the house brick by brick

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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 husband.  My name was also listed on the deed and recorded.  When receiving my 13A, the BI official informed my wife that she could not sell the property or home without my consent.  When we did sell a couple weeks ago, I had to sign the purchase agreement.  When money exchanged hands I had to sign the Contract of Sale as well as the Acknowledgment of Receipt of Funds. 

 

Even though we can not own land.........I sure had to do a lot of signing over the past 4 years.  As well as my name appearing on every document related to the purchase and or sell of property.  Like I said kinda weird.

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streak03

Usufruct

 

Title VI of the Philippine Civil Code

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Would it be correct to assume that a defacto relationship has no essence at law in the PI in regards to property ownership or leasing ?

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RogerDuMond

Would it be correct to assume that a defacto relationship has no essence at law in the PI in regards to property ownership or leasing ?

Defacto relationships do not have any essence in law concerning any matter in the Philippines. They are not recognized here. In fact, I believe that they are a state matter in Australia and are not recognized when moving from state to state.

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Alan S

The law on property ownership (by a foreigner) is quite clear.


 


A foreigner cannot own land.


 


Secondly, anything that is done to try to get round that law is automatically illegal.

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Headshot

 

The law on property ownership (by a foreigner) is quite clear.

 

A foreigner cannot own land.

 

Secondly, anything that is done to try to get round that law is automatically illegal.

 

With two exceptions...a foreigner can inherit land (a share) from his wife provided they have at least one living child together...and if the foreigner bought the land before the constitution was changed prohibiting it, then they may still own it. However, a foreigner may not inherit land from another foreigner, so if either of these cases fits you, then you must have a Filipino heir or the property will be forfeited.

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Alan S

The exception that I am aware of applies only to cases where people (usually companies) owned the land before about 1935 or so.


You can find some US companies have significant land holdings in the Philippines, that they actually and legally own.

 

Dont think that is going to affect the average member here though.

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Headshot

The exception that I am aware of applies only to cases where people (usually companies) owned the land before about 1935 or so.

 

You can find some US companies have significant land holdings in the Philippines, that they actually and legally own.

 

Dont think that is going to affect the average member here though.

 

Probably not...and the inheritance clause is also not likely to affect many...since most of us are older than our wives. The chances that they will die before us is pretty remote.

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smokey

Probably not...and the inheritance clause is also not likely to affect many...since most of us are older than our wives. The chances that they will die before us is pretty remote.

the problem happens when the wife gets tired of waiting 

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the article takes time to specify "alien spouse"  if the spouse is a legal permanent resident does it have any affect on property laws?

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