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Property acquired by Filipino and alien spouse not conjugal


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karma007

Yes you are kind of right, but you definitely need a good lawyer and some good advice here on. I think it's possible to do it safely.

You can use the lawyer as a bullet proof vest? there is a good use of lawyers now. But serious they can kill people for losing face, a million peso devlopment is putting targets on your body.

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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

tomaw

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.

.................... If you own a condo and it is 100% paid off, aren't you still stuck with some sort of lease on the land it's sitting on? Edited by tomaw
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smokey

Glad to see this is the case !

married with no kids the husband gets to sell the property fast but must give his wifes share minus a share for himself to the children of the women... if he has children he can stay ... we talked about this a while ago...  with a will the wife can give the husband ONE half of HER share the rest is for the children so the husband now owns 75% then he can make a deal with the children or just sell and move on if there is no will the wife's 50% share is divided between the children and the husband equally so if they have 4 children he now owns 60% and he has to sell some say one year others say 6 months..but then this is a place where every rule is subject to a gray area this is my version and i am sticking to this one..

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the rules get bent!!, regardless if they are existing rules, made up rules, rules for ''the few'' and rules for those whom pay the right master...

law or no law, they don't care and make their own if they can get away with it.

 

for any foreigner trying to battle that, good luck cause you going to need it...  

 

there are some whom did get away with it, got their money back and lived happy ever after..but pretty sure, not many are in that group.

 

It would be a good idea for you gringo's --(or Euro's)-- (no offense boys) , don't use the word lawyer so much...because this is not America nor Europe.

if you ever find one, whom will help you recover your millions ... you are very very lucky

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greatplace

The heading to this topic is completely wrong.........I won a case in Dumaguete courts where the ex had to give me 50% of the conjugal value of the property......The Judge said since you are married to a Filipina I will except the property as CONJUGAL.

 

As you can prove that you paid for the house and lot wholly by your own funds but I only granting you half of the funds you have proved in this court....You will not get todays market value for the said property only half of the funds put into developing the property.

 

We had two properties in dispute at the time.......and since the ex had no money the Judge told her Attorney to draw up a Deed of Sale and transfer the property in any Filipino of my choices name.......The Judge told me and my Attorney in her chambers........this time choose wisely.

 

The Judge signed the document and the property was granted to my Filipino of choice.......and it was a wise choice.

 

Yes Phil you are completey right she could of appealled and it would have gone to the Supreme Count and taken 10 to 12 years but I still would have won the case.....The Judge and Atty's explained that to her and she just let it go. 

 

I think I did quite well as if this was the case back in Australia I would of got 40% and she would have got 60% as conjugal property.....I'm glad the property seperation was done in the Phil's

 

Lets lay this to bed once and for all...........In my case I got 50%.........every case is different

 

Greatplace

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Davaoeno

I wonder if the Judge would have made the same decision if the property had gone down substantially in value  since purchased ?  lol   Its always much easier to do the right thing when there is lots of money on the table 

 

 

A former corporate partner and I here in Davao had run our course with our fertilizer business - which he  had made a complete feck up of . . He took me to see a local attorney who also happened to be a City Councilor. He thought the attorney would support his position, instead the attorney drafted docs on the spot giving my partners shares to me and told my partner " it wasnt any of your money that was invested so why should you get part of the corporation ?? "  My partner at first balked until the Councilor basically bullied him into signing.

I was very impressed. The Councilor never asked me for a single peso - he just felt that it was the right thing to do .

Who says there is no justice in the Phil ? 

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Wombat No More

Yes it took him 12 years to get that ruling so i wonder how much money was left in her name....

 

Who wants to find out in 12 years what is left of his wealth...

Yeah,well I'm already 7 years into my civil case on an arsehole who cheated me out of $70k. And it's still only at the regional level. A ruling will go my and my wife's way for sure but shit, how much longer. I've only finished giving and being cross examined at the last trial day 4 months ago and my wife's turn next week. And if an appeal is lodged with the Supreme Court on the decision by the thief, I was informed that it could take another 10 years after that kicks off... My buildings on their lot, built crap Filipino style, would have near crumbled to dust by the time a decision is made.

 

Doing something is a lot better than rolling over and dying/giving up on going after the thieving bastards, no matter how long it takes.

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.................... If you own a condo and it is 100% paid off, aren't you still stuck with some sort of lease on the land it's sitting on?

The only monthly we pay are condo fees of around p32 per sq meter. No land lease as the builder owned the land at time of starting to build the complex. I cannot speak to other complexes but I guess it would be a good idea for buyers to be sure there is no land lease.

 

In the US they have some condos with land lease but most are land owned.

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