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Property acquired by Filipino and alien spouse not conjugal


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smokey

 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.

but and there is always a BUT.... for every guy who did well under the laws enforced in asia there are 99 others that did not do so well 

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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

as a foreigner you cannot own property, period !!!   unless its on a lease base

 

some times, you can sell it, after your wife passes.., but only , if the family works with you!!!

 

if they want it ( the family) , and your unlucky (as many have) your going home empty handed.

 

and yes,, you can make money and lease and sell... but unfortunately thats not for every one!!!

 

basically its all in the luck of the draw..and the odds are not very good!!!

 

i might say, they decline even more if you picked your wife up in a (tity) bar , but thats only a personal opinion,... and sometimes even that will proof to be wrong

Edited by toshi
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Brucewayne

.............. 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.

I have a lease on our house, we don't own it and have been paying P8,000 (frozen rate) for 5-1/2 years and we have been told that we can live here for as many years as we wish with NO rate increase.

That figures out to be P96,000 per year and at that rate, only P960,000 in ten years.

If I were to die within 25 years of the date we moved in here, we would have only spent about what a cheap, smaller house would have costed us.

Besides, if I ever want to move, I don't have to deal with selling.

The reason I want to be able to move out quickly is because some things change suddenly here such as new bridges/roads which cause heavy traffic or somebody opening a smokey factory next door.

Actually, we are actively looking for a property to buy now because traffic did suddenly increase and is getting heavier by the month.

If it weren't for that, we would be happy to live here 'til the end.

Besides, who's to say the government might some day say no to foriegners acquiring permanent residency here?

Strange things do happen anytime the people become jealous of who has what and elections do change how things run.

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smokey

I have a lease on our house, we don't own it and have been paying P8,000 (frozen rate) for 5-1/2 years and we have been told that we can live here for as many years as we wish with NO rate increase.

That figures out to be P96,000 per year and at that rate, only P960,000 in ten years.

If I were to die within 25 years of the date we moved in here, we would have only spent about what a cheap, smaller house would have costed us.

Besides, if I ever want to move, I don't have to deal with selling.

The reason I want to be able to move out quickly is because some things change suddenly here such as new bridges/roads which cause heavy traffic or somebody opening a smokey factory next door.

Actually, we are actively looking for a property to buy now because traffic did suddenly increase and is getting heavier by the month.

If it weren't for that, we would be happy to live here 'til the end.

Besides, who's to say the government might some day say no to foriegners acquiring permanent residency here?

Strange things do happen anytime the people become jealous of who has what and elections do change how things run.

and that is where the term different strokes for different folks came about ... your happy ,, your family is happy so stay the course

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tomaw

 

and that is where the term different strokes for different folks came about ... your happy ,, your family is happy so stay the course

.................... I agree. If they're happy with that situation that's good for them. Also I have no idea if their house is a Whippy Hut or a Smokey Mansion or somewhere inbetween. Right now I spend most of my income on rent and gasoline. I dream of the day I spend nothing on rent and little on gas.
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Thelandofku-an

I think the only benefit of "conjugal" is that you or your partner can inherit without "capital gains tax" being applied, as it would in a single named property.

This would be true irrespective of property type, landed or or not!

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Thelandofku-an

Furthermore; for those who can't swim through all the information discussed here it mostly refers to the land the property stands on.

 

Foreigners CAN own a condo unit since it does not entail land ownership (married or not), just the same as in their home country! 

 

Maybe some of the enlightened can share their knowledge of differences between condo ownership here and in their home country please?

 

This could be useful to newbies (I have had a "flying freehold" in UK, even I never owned condo's or apartments in the UK)!

Edited by Thelandofku-an!
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RogerDuMond

as a foreigner you cannot own property, period !!!   unless its on a lease base

 

some times, you can sell it, after your wife passes.., but only , if the family works with you!!!

 

if they want it ( the family) , and your unlucky (as many have) your going home empty handed.

 

and yes,, you can make money and lease and sell... but unfortunately thats not for every one!!!

 

basically its all in the luck of the draw..and the odds are not very good!!!

 

i might say, they decline even more if you picked your wife up in a (tity) bar , but thats only a personal opinion,... and sometimes even that will proof to be wrong

The whole law is rather convoluted. A foreigner can inherit land from a spouse, but land can not be willed to a foreign spouse. So if the Filipino citizen dies intestate the land goes to her/his foreign spouse.

 

http://famli.blogspot.com/2008/11/property-rights-of-foreigners-married.html

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Headshot

When was the constitution changed?

 

Here is the wording of the 1987 Constitution...

 

 

THE 1987 CONSTITUTION

OF THE

REPUBLIC OF THE PHILIPPINES

 

ARTICLE XII

NATIONAL ECONOMY AND PATRIMONY

 

Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.

 

http://www.chanrobles.com/philsupremelaw1.htm

 

If that statement isn't clear to you, "Save in cases of" means "with the exception of." All philippine laws written since the 1987 Constitution are bound by this clause. A foreigner may inherit land, but they may not bequeath it to another foreigner (in Supreme Court decisions I'm not going to look up right now).

 

 

The Civil Code of the Philippines

BOOK III

DIFFERENT MODES OF ACQUIRING OWNERSHIP

 

CHAPTER 3

LEGAL OR INTESTATE SUCCESSION

 

SECTION 2. - Order of Intestate Succession

SUBSECTION 4. - Surviving Spouse

 

Art. 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children. (834a)

 

http://www.chanrobles.com/civilcodeofthephilippinesbook3.htm

 

As for property that was titled prior to 1987 to foreigners, the 1987 constitution does NOT address it, but supreme court cases since the 1987 Constitution went into effect have upheld "grandfathered" ownership by foreigners previous to the constitution (again, I don't have time to look these up, but I have read the supreme court decisions, and they ARE real).

 

Now...I hope we don't have to keep hashing this subject every time someone comes in with a question about land ownership by foreigners. It IS allowed, but only under very narrow parameters.

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SkyMan

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.  

Technially, this guy may be at risk of getting bumped off by the lot owner.

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smokey

Furthermore; for those who can't swim through all the information discussed here it mostly refers to the land the property stands on.

 

Foreigners CAN own a condo unit since it does not entail land ownership (married or not), just the same as in their home country! 

 

Maybe some of the enlightened can share their knowledge of differences between condo ownership here and in their home country please?

 

This could be useful to newbies (I have had a "flying freehold" in UK, even I never owned condo's or apartments in the UK)!

the problem i see with condo is.... a house high end will cost you 30,000 a sq meter which a condo often not even finished will cost you 80 to 100,000 p a sq meter  and the real benefit to condo living was like in new york you dont need a car which is very expensive to own in some places.. and if your working its often close to the center of town so for a foreigner to buy a condo it has to be for personal reasons more then investment reasons 

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Furthermore; for those who can't swim through all the information discussed here it mostly refers to the land the property stands on.

 

Foreigners CAN own a condo unit since it does not entail land ownership (married or not), just the same as in their home country! 

 

Maybe some of the enlightened can share their knowledge of differences between condo ownership here and in their home country please?

 

This could be useful to newbies (I have had a "flying freehold" in UK, even I never owned condo's or apartments in the UK)!

The only problem that I can see with owning a condo in the Philippines is if the time comes you wish to sell it and the building has 40% non Filipino ownership, then you would be forced to only sell to a Filipino thus limiting your exposure and possible sale price. The law is 60% ownership by locals and 40% max by foreigners.

 

My wife and I own a condo in Cebu City and I seriously doubt that the 40% foreign ownership might be reached but it could happen and that is something which could limit your ability to sell if the need should arise. 

 

Now as Smokey has written, most condo developments are charging in the range of p100,000 per sq meter and they are thus selling tiny units to keep the price down but there are a few out there which are not considered high end which are still charging about half of that and have larger units available.at the lower per sq meter price. 

 

My advice would be rent in any place you wish to buy before buying or know a lot of the westerners who live there to get a general consensus and not the bs you see posted on forums often by either people who have something to gain as I have been accused of, or those who might have an ax to grind or have nothing better than to type bs on their keyboards. 

 

Now as far as the difference between ownership in my home country, the US and the Philippines, people in the US follow rules or end up fined. 

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BossHog

OMG!

 

I don't own my house. damn, tha's cold.

 

Gonna stock up on Toblerone, sweet red wine, and plan on eating out a lot more often.

 

and hope for the best.

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Brucewayne

.................... I agree. If they're happy with that situation that's good for them. Also I have no idea if their house is a Whippy Hut or a Smokey Mansion or somewhere inbetween. Right now I spend most of my income on rent and gasoline. I dream of the day I spend nothing on rent and little on gas.

2 full size bedrooms and a small maids room, cement with all tile floors and a large formal dining room, but only one bathroom.

I would say that it would rent for around P12,000 or a bit more now if it weren't for the rent freeze deal.

The landlord liked us, but died a few months after we moved in, but his wife still lets us know that she would never raise our rent and the lease ran out 4-1/2 years ago, so it is now a month to month rental rather than the yearly lease that it started out to be.

She thanks us for renting her house and staying so long when she makes her rare visit from Manila.

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Brucewayne

the problem i see with condo is.... a house high end will cost you 30,000 a sq meter which a condo often not even finished will cost you 80 to 100,000 p a sq meter  and the real benefit to condo living was like in new york you dont need a car which is very expensive to own in some places.. and if your working its often close to the center of town so for a foreigner to buy a condo it has to be for personal reasons more then investment reasons 

Not to mention that condos in Cebu must be torn down or overgo major rebuilding every 50 years and as I remember, it is the tennant's who are responsible for footing the bill.

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