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Property acquired by Filipino and alien spouse not conjugal


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smokey

I am sure many of us had a mother and if you did most mothers would say .... worry about crossing that bridge when you get there 

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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

I know a guy in the Philippines who wanted to build a small resort on the beach, he quickly found out he couldn't own the land so he ended up leasing it, i'm not sure how many years, but if I remember correctly it was 90 years or so. He paid and signed the lease and started building his resort,  he made all his money back in a few years and is making very good profit now.  

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tomaw

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 ..

..........Well put Smokey!
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smokey

I know a guy in the Philippines who wanted to build a small resort on the beach, he quickly found out he couldn't own the land so he ended up leasing it, i'm not sure how many years, but if I remember correctly it was 90 years or so. He paid and signed the lease and started building his resort, he made all his money back in a few years and is making very good profit now.  He doesn't "own" the land but he has full control over it. This is the best way to go if you want to buy land for business purposes.

Everyone remembers a guy who make a lot of money and has forgotten the 100 of others who did not do so well....doing business in some countries is always an adventure and unpredictable no different then Forest Gumps box of choc-lets  

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Alan S

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

 

Nothing affects the property laws. Or rather, they take precedence over any other law.

 

You (we) CAN NOT own land / property.

 

It is extremely simple, so why do people keep trying to find ways round it rather than just accept it?

 

If you feel you must own the land around you, then there are plenty of countries that allow it, move to one of them.

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Everyone remembers a guy who make a lot of money and has forgotten the 100 of others who did not do so well....doing business in some countries is always an adventure and unpredictable no different then Forest Gumps box of choc-lets  

 

Well, if you want to lease land for business purposes like a resort then leasing the land is a great way to do so... even though you don't own it, you can still make money of it and get your investment back in just a few years if it was worth it.

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tomaw

Marriage and buying property is a gamble weather you buy a house in Cebu or The U.S. In California your looking at a 30 year mortgage for an averatge middle class 30-50 year old house in a middle class neighborhood. In Cebu you can get a brand new house in a gated subdivision 24/7 security and several amenities and have it totally paid off in 5 years or less.

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musicman666

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.

When was the constitution changed?

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smokey

Well, if you want to lease land for business purposes like a resort then leasing the land is a great way to do so... even though you don't own it, you can still make money of it and get your investment back in just a few years if it was worth it.

i once had a friend who leased for 99 years a beach front lot in mexico built a large home and had it taken away sometimes when a NEW party gets elected they feel the last party unfairly Gave something away and its their duty to the people to take it back...  So if you say leased a large plot of land and build a huge resort in say 1985 how much money do you think you would be making in 1987 ?  leases are not as powerful or as trustworthy as title never have been and never will be...   Why invest a lot of money when your really dealing from behind the 8 ball .

Edited by smokey
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smokey

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.

 now i was told the same thing only with this part NOT included , and was told there was a time frame for the foreigner to dispose of the property if title was taken as man and wife... of course like a compass    there are 360 ans to the same question and i will face this one when and if it arrives 

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musicman666

The speed the law moves in this country ...we will be dead and buried before they can decide what the law really means...so enjoy the land while your alive and let the offspring or relatives reap the spoils....

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i once had a friend who leased for 99 years a beach front lot in mexico built a large home and had it taken away sometimes when a NEW party gets elected they feel the last party unfairly Gave something away and its their duty to the people to take it back...  So if you say leased a large plot of land and build a huge resort in say 1985 how much money do you think you would be making in 1987 ?  leases are not as powerful or as trustworthy as title never have been and never will be...   Why invest a lot of money when your really dealing from behind the 8 ball .

 

 The guy I know invested a few million pesos for the lease and the building and made all his money back already,  even if he does lose his lease... he already got back what he spend.

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tomaw

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.

............. This is just a guess,but based on other posts I've read it sounds like you did have ownership in the HOUSE with your wife but not the land. Did she sign any documents by herself regarding the land sale?
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musicman666

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.............. This is just a guess,but based on other posts I've read it sounds like you did have ownership in the HOUSE with your wife but not the land. Did she sign any documents by herself regarding the land sale?

My name is all over the land properties that we own....but I think my name is there as the husband of the Filipino .....I wouldn't read too much into it....

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tomaw

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.

.............. If you're married to a Filipina and living together in The Philippines, how long do you want to keep paying rent? The rest of your lives,? I've seen numerous plans for being able to buy a brand new house in a gated subdision and have it paid off in 5 years or less.
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