Comments on: I Heard A Foreigner Can Inherit Land In The Philippines

By: Philly

Philly — Wed, 03 Mar 2010 02:38:58 +0000

Well graeme, let me give you my opinion, since you asked. Youtr scheme will not work. Now, of course, you may find a lawyer who says it will work for you, so I wish you the joy of that. But my advice is, don’t.

It seems hard to get through to people that the nation of the Philippines does not want non-Filipinos to own land. Period. It’s very clear in the constitution. Sp when you say, “I prefer to own the home I live in”, fine well and good, but it is not a legal option. (condominium, or long-term property leasing _IS_ a legal option).

In your scheme you state you will give someone money to buy a home and then take back a note. Are you licensed to lend money in the Philippines? I’m not sure this is an issue, but it may well be … even if you escape this possible trap, re-read what you said in your proposal … “The lender can sell the property” … how will you accomplish this, since you will not own the property? I’m really having trouble following the logic here.

When you say property laws are one-sided in favor of the Filipino, you are absolutely correct. The authors of the current (1987) constitution clearly wanted property reserved for Filipinos _only_. As a foreigner, owning property is not a right that you have in the Philippines … there may be other countries better suited to you … although that you will find most South east Asian countries restrict foreign ownership severely … that’s the way it is … so think it through before you decide to relocate here … I know many foreigners who have gotten ‘bilked’ on property ownership schemes and even a few who have been blacklisted and/or deported over attempting to skirt the property ownership laws.

By: GRAEME

GRAEME — Wed, 03 Mar 2010 00:43:06 +0000

I read with interest the article on property ownership in the philippines ,i have a filipino partner and will buy a house sometime ,but i have thought of dealing with the ownership this way ,i will loan the money to my partner legaly written up .i will insert a clause saying that ,the loan must be paid on demand within say 6 months of receipt of a written demand ,or within 1 year of her death OR THE LENDER CAN SELL THE PROPERTY ,i will require legal advise to see if this is protecting me ,may not ,but i feel everything is to one sided for the philippino even when the foreigner has prooved he provided the purchase price of the house ,any ideas or helpful comments appreciated ,perhaps the easy is invest your money offshore and lease a property Bbut i like to own the house i live in as most people do

By: Samera

Samera — Thu, 04 Feb 2010 14:23:55 +0000

Thank you I look forward to receiving your advice
Many thanks

By: Philly

Philly — Sat, 30 Jan 2010 03:15:13 +0000

Thanks for your comment. I’ll answer this in a future posting, perhaps today.

By: Samera

Samera — Fri, 29 Jan 2010 11:28:29 +0000

Dear Philly

I have just been reading through all your messages and I think you may be able to help me (well I am hoping!) but let me warn you it is a very complicated situation!

My father a British National married a Filipino lady many years ago, whilst married to my father he retired early, with his lump sum from his pay off he built a second home in the Philippines she owned the land and I believe my dad had his name on the title (up to 40%) once they were married for over 10 years she gained her British citizenship then she left him and moved some where else in the UK (she still lives in the UK) mean while her children from her previous marriage in the Philippines moved into my dads house (without permission) he was settling the divorce here and then going through courts over the house in the Philippines as she was claiming 100% of the property.

My dad then re-married a Filipino, they had a child together and he built another house in the Philippines and sold his property in the UK. He was still going through legal procedures with his ex wife over the house (it went on for many years)

My father passed away 2 years ago, just a few days before he died he went for citizenship in the Philippines and I am not sure if he was given it. I was in touch with his wife for around 1 year after his death but she has stopped all contact for no good reason. As time is going by I am wondering why she would have stopped responding to my mail and it dawned on me perhaps it could be to do with Inheritance. Something I never questioned or even thought of until now! She was trying to continue the case over the house but I have no idea if she won or if she is still proceeding with it. My question to you is… Would Inheritance be a reason for her not wanting to continue a relationship with me!?!? Would I be entitled to Inheriting!?!? how would I find out more information ie who my dads attorney was, where to gain access to land registry/title!?!??

I hope all the above makes sense (How complicated is this query!?!?)
Thank you for reading through my post.

By: Samera

Samera — Tue, 26 Jan 2010 14:27:31 +0000

Dear Philly

I have just been reading through all your messages and I think you may be able to help me (well I am hoping!) but let me warn you it is a very complicated situation!

I hope all the above makes sense (How complicated is this query!?!?)
Thank you for reading through my post.

By: Philly

Philly — Fri, 15 Jan 2010 23:58:03 +0000

Yes, that would be correct, for two reasons. A condo is not real property and includes no ownership of land.

By: Delia

Delia — Fri, 15 Jan 2010 20:05:29 +0000

Assume the ownership of a Condominium by a foreigner or Philipine National is not effected by these “property” inhertance laws as you don’t actually own any land in a Condo Purchase ?

By: Philly

Philly — Thu, 14 Jan 2010 03:51:58 +0000

Wow! Thank you so much for both your kind words and for pointing out and clarifying my errors. This is indeed a thorny question and one most foreigners 9at least US folks like me) have little or no familiarity with .. since the the US, children,for example, normally have no automatic claim to property … it’s uncommon, but perfectly legal to leave children out of an inheritance completely … or divide an inheritance unequally between sibling … and if the will is competently written there’s little chance of successfully contesting it.

Your explanation helped a lot, I appreciate it.

By: Claudette

Claudette — Wed, 13 Jan 2010 13:42:12 +0000

Dave,

I admire how you tried to explain the legalese of it all, and you were right about it .. at least up to a certain point. :p But anyway I still think your comprehension of it was remarkable… let me explain something though.

In the philippines you can either inherit testate (through a will) or intestate (without a will). Regardless of whether it is testate or intestate, there will ALWAYS be the “compulsory heirs” – spouse, legitimate and illegitimate children. The free portion after all the compulsory heirs have been paid off is the subject of disposal when a will is drafted. You can never leave out a compulsory heir.. that is what makes them compulsory. Anything given during the life of the testator which prejudices a compulsory heir is subject to collation (they are brought back to the estate) to ensure that the compulsory heirs are given what is rightfully theirs.

THUS, in the final analysis, a foreigner-spouse who buys a property and has it in the name of the filipino-spouse will always inherit a portion of the property (estate). Infact, depending on the number of children, he/she can inherit as much as half of the share of the estate and not necessarily just equal the share of a legitimate child. Usually, it becomes a question of who are still living.

Can the children of the foreigner-spouse inherit from the filipino-spouse, if the foreigner-spouse predeceased the filipino-spouse? That’s a good question.. i think it may be possible by representation.. they take the place of their father in the inheritance.