Indeed, you heard right. This is the “saving grace” for many foreigner/Filipino couples who want to buy property together here in the Philippines and have an assurance that the “foreigner ‘ half of the couple can continue living in the couple’s property.
Notice something important that I didn’t say above, though. I didn’t call it the couple’s “joint” property. Foreigners to think they have a lot more share in their marital property than they actually do.
In the US, for example, it’s very common for a married couple to own property in “joint tenancy” or as “tenants in common”, typically with “right of survivorship”. Loosely translated from legal-eze to English
(remember I am a lay person and not a lawyer, if you think any of this applies to you directly, I urge you to seek competent advice, this article if for general information and designed to provoke thought, not provide answers)
this means that should either spouse die while the other survives, then the dying partner’s share transfers almost automatically to the survivor, who then owns 100%of the property until her/his death, when the property will normally be passed to party or parties of choice, typically by means of a will. If you own property in the US you typically can leave it to anyone you chose, without regard to children, parents, etc. We’ve all heard of children being cut out of their parent’s will, etc.
photo credit: wellohorld
Don’t try to translate that to Philippine law. It will get you in trouble. Here in the Philippines the law operates much differently than many are used to. Using our common example of Fil-Foreign family, let’s look at what happens when the Filipino partner passes away. (nothing really happens property-wise when the foreigner partner passes, since s/he never owned the property to begin with).
Wills are much less common here than in many developed countries. But they certainly are used. But when real property is involved, there is a basic underlying law which takes precedence over any language in a will. Philippine law stipulates a reserved portion of all estates for compulsory heirs
Certain parts of the estate of a deceased Filipino citizen cannot be freely disposed of because Philippines law reserves them for the “compulsory heirs”. The “compulsory heirs” are classified as:
- Primary – legitimate children and/or descendants
- Secondary – legitimate parents and/or descendants; illegitimate parents
- Concurring – surviving spouse; illegitimate children and/or descendants
This is one of the reasons I advise a lot of caution and competent legal advice before rushing off to buy property here. Note, in the three levels of “compulsory heirs” the surviving spouse comes, at best, on the third level of heirs to be endowed. The legitimate children of the marriage, the legitimate parents, illegitimate parents (a common occurrence here) all come first and the surviving spouse has to battle it our on level three with illegitimate children who may show up.
Here’s a typical example case: If a desceased is survived by her husband and four legitimate children, ½ of her hereditary estate is reserved equally between the children (1/8 each) whilst the husband takes the same share as one legitimate child i.e. 1/8. This leaves 3/8 of the estate which can be freely disposed of in accordance with her will.
The free portion of a hereditary estate can be freely willed to any person or class of person with the capacity to succeed under the Civil Code, even if that person is already a compulsory heir, with a prescribed share.
OK, so that means that the surviving spouse gets 1/8 under the compulsory law, but the wife could have made a will which gives him the ‘left over’ 3/8 as well … totaling up to one half, and the children have the other half (which he is likely the legal guardian of), so why worry?
One good reason to worry. A foreigner can inherit from a Filipino spouse, so long as he or she inherits from an intestate estate,that is, one with no will. Non-Filipino citizens, who can inherit land by hereditary or intestate succession (without a will) but not by testamentary succession (with a will). That 3/8 share we were talking about? It can’t be willed to the surviving spouse.
Keep one other thing in mind … the foreigner who inherits in this way is legally the owner under Philippine law, but he/she can not sell or bequeath to another foreigner. In other words the foreign ownership can not be a chain. the property does belong to the surviving foreign spouse but he/she can’t dispose of it at will. It can only be sold or bequeathed to a natural-born Filipino.
I already have a headache, myself. I think you can get enough of a taste here to see why I feel the property laws, especially with ‘mixed’ couples here are very convoluted. I see couple all the time who have invested their life savings and it’s all at risk because of children the wife had previously or even a case where the Filipino spouse’s father never married her mother and disappeared. If the man is still alive and chooses to, he can show up and demand his share of her estate … in front of the woman’s surviving spouse. If he has children, they can show up and claim their share of their father’s share. They may not prevail, but it will cost a small fortune in legal costs and months or years in court to defend against their claim. How strange is that?
Buy property if you chose to … my spouse and I are going to buy some ourselves, but be darn sure you don’t make it the cornerstone of your estate … it’s a place to live, not an investment, because neither the foreigner nor the Filipino owner has much control over the distribution … and these cases can go on for years.
Note: This article was previously published in 2008. I have edited it, fixed a number of typos, and also want to draw your attention to the comments … Atty. Claudette, for example, has very kindly taken the time to point out some errors, inaccuracies or obtuse explanations, so be sure you read the contents as well, there is typically a lot to learn there.
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That sounds like a Monty Python skit! Unbelievable! Thanks for the warning.
Indeed that’s a good analogy, John … I wonder if that reference is in Philippine law textbooks … step one, watch all the Monty Python movies *smile*.
Thanks for reading … I was afraid most people wouldn’t … There’s a number of other “gotchas” I left out to try to cut down the length a bit.
I’ve gotten a lot of static over the years from folks who think things work the same in the Philippines as at ‘home” and can’t wait to dump their life savings into a property because they are convinced that “owning your home is an investment”.
As the song says, “It ain’t necessarily so.”
Sound advice, Philly.
We can’t forget the residency requirements of the non-Filipino spounse, though. Foreigners not holding resident visas are totally out of luck, as are those holding resident visas but have not completed five years residency in the Phils.
Plenty of “extended visitor visa” ex-pats planning on property ownership via inheritence get a rude awakening (usually at the hands of a disgruntled or gold-digging member of the extended family)!
Always wondered why there was such turmoil with deeds, property holdings, etc. until I learned of the many issues generated by local law. Of course, I haven’t even come close to learning or hearing of them all!
Yes, I probably should have thrown that in as well, Paul … there are a number of things that foreigners think they can do that are not open to non-permanent residents.
This whole mantra about the value of buying property that someof the expat community spends much of their time chanting is one of the chief reasons I don’t spend much time in some of the online communities I used to frequent. There are just so many people who enjoy living in a dream world….
Thanks again for coming by, Paul, and for your valuable contributions.
@lvd: Before I approve your comment, can you tell me why you made it? You basiclaly restated exactly as I said, except you left out some important details that prevent inheritance from being automatic. What is your interest in living in the Philippines or in my blog? Not just looking for a link to your blogspot blog, are you?
Hi Philly: If I understand this right, a foreign husband can only inherit if there is no will? I assume a foreign child can inherit as primary – with or without a will? No wonder it is not common here to prepare a will.
@Ellen: Hi Ellen. We can quickly get into “lawyer territory” here, that’s for sure. But indeed, it’s my understanding that under the constitution there are shares that spouse(s), children and parents _must_ have, regardless of what is writtne in a will, or not.
Indeed it does seem to cause wonderment as to why a married couple needs a will, becuase the surviving spouse isgoing to be entitled to part (but almost never all) the property in the deceased spouse’s name. That’s why the concept of a ‘clean title’, to me, seems a little lke words which have different meaning to folks from different countries … because even with the best researched title, the child of a previous owner, for example, can “pop up” out of the woodwork and claim a share, even years after the death. Myself, I have no answer. Everything is in my wife’s name and statistically, she should survive me (she’s 18 years my junior). If the cards were to fall the other way her property will be divided amongst me and the others who have a share by law and that will be that. I irritated a few people some months ago when I wrote an article or two on the fallacy of buying a home for ‘security’ … the folks who got upset didn’t like looking at the facts instead of their “feelings”. I have not changed my views.
In a way, it does make it sound very simple, as long as you don’t fool around and have lots of illegimate children – haha. The scary part that you mentioned is the child of a previous owner – are there no deadlines to making claims here?
Some cultures do not like discussing wills (i.e., the Chinese) because you are talking about death. I recall “forcing” a couple in Canada to prepare their will – more for estate planning and minimizing estate taxes, and lawyers tend to make it so complicated in order to charge exuberant fees. Accountants too, for that matter, but in this case, my services were free
.
@Ellen: Yeah the illegitimate children issue is not as far fetched as some people think. In most western societies. Although not legal and not offically condoned by the Church, “extra” famines are not uncommon here at all.
I’m not at all aware of a deadline for cliams … there may be one. We’re straying into legal professional territory. There are also laws like term limitations for mayors .. 6 years .. and last year a mayor was sworn in for his 17th year in a town in Zambales, by the provincial governor, so my confidence in such deadline laws offering any real protection isn’t high even if they do exist.
In most developed countries we are used to a product called ‘title insurance’, which, for a fee, will protect the buyer of land with life-long defense against claims raised after the sale. Last time I checked, China and the Philippines were the only two significant countries where title insurance is not available. I know there was talk about enabling legislation for title insurance a few months back, but I’m not aware of any actual progress.
I’ve never heard of title insurance in Canada. But there, when you buy property, it is SOP to do a title search, to see if there are any liens on the property. If none, then technically you are safe and to serve any future liens on the property related to previous owners, I would think, will have no grounds. Anyway, am not a lawyer, so who knows.
Thanks for replying and explaining best you could. I just told my husband about it, and I haven’t even finished my story, he said “so I have to kill you first”, and then I said you can’t inherit if there is a will, then he said “then I have to kill you fast”. Haha – the law here does make it sound so ludicrous.
@Ellen: Well title insurance appears to be a big business in Canada, exactly as it is in the US. I realize that the purpose of title insurance is not really clear to a lot of folks, so perhaps I shold aplify a bit. here’s a definition from a big Canadian insurance-selling site:
——————————
What is Title Insurance?
Title insurance is unlike any other kind of insurance. It is not house insurance which only protects the contents of your home or its structure and for which you have to pay a monthly premium.
Title insurance protects your ownership to the property and protects you against:
* Fraud – fraudulently obtained mortgages on your home
* Errors in surveys or other official public records
* Encroachments onto neighbouring properties
* Zoning infractions
* And many more known and unknown defects that could affect your ability to sell your property in the future.
Unlike house insurance, you only pay a one-time premium with no deductible. Title insurance covers all legal expenses related to restoring title, meaning that you do not have to take time off work and deal with the added stress needed to defend yourself.
———————–
The operative issue we are talking about here would be the last bulet “Other defects in title”.
A title search, by a reputable attorney is absolutley a recommended thing. However, even the most diligent attorney in the world can not find claims against a property that have not yet been made. Only David Copperfield coulddo this and I don’t have that much confidence in him, either
. If someone has a lien against the property recorded, then that’s what a title search should show up. But something that is unrecorded obviously can’t be seen.
So the title insurance would ‘kick in’ if that long-lost child or other relative from the past shows up and files suit against you. (this can happen easily in the US and other countries too, even though the inheritance laws may be different there) are a hundred ways someone _might_ feel s/he has an interest in a property and even thogh thye may not prevail in court, it’s the defending in court that could really ruin a person’s day.
Where I know of some people at real risk here in the Philippines are foreigners married to Filipinas who were once married and have received legal annulments. Often these get granted based on the belief the first husband is dead. If the owman owned property during that marriage, though, her husband at the time nquestionably owns half of it. Should he suddenly ‘be ressurected’ by miraculous means or otherwise, even though he is no longer the legal husband he still can at least argue he has a stake in the property. He may, in fact, lose in the end, but these cases can take years and years to grind through the court system here, causing untold amounts of money and most important to me, sabotaging piece of mind.
@Ellen: Hmm … do you have a personal food taster? If I were you I might be thinking of one
I’ve lived under a cloud like this for years, as I am certainly worth much more dead than alive, so it certainly pays me not to make my dear asawa angry … an excellent “hubby be good motivator” LoL Oh, and this is humor, folks, Mita reads these comments … Joke lang!
Hmmm, one time cost? Thanks for the information. I wonder if this insurance was part of our closing costs of buying our property, but can’t confirm. We’ve been away too long.
Hehehe – don’t worry, I am the cook, the banker and I take care of all the paperwork.
Philly:
Most Interesting article discussion. I’ve stopped dreaming!!
If there are no children, etc does the spouse inherit all?
ohn, “inherit asll” seems to be a rare concept. The husband’s parents, siblings, cousinso ther relatives all have a claim. You really need a lawyer on these issues. I guess I’m a very strange person becuase frankly when I go, I could care less.
Hello there, this is not a coment but I need your expertise. My Dad is American Citizen and he died 4 years ago. My Mom still alive & a Filipino Citizen did not want to became an American Citizen becuase she own a lot of properties in the Philippines. My 1st question is that since my Dad is American Citizen, Can he own properties in the Philippines? So when he died, all the properties that they own goes to my Mom since, my Mom is a Filipino Citizen & a sole ownership of all they own, Am I right? She did put my Dad name in the Deed or Title of all there propertiies because they are married. 2nd question My Mom does not want to divide the properties to her children yet because she still living, Can she do that?
Hi Rena,
Thanks for writing. I’m not sure I know all the answers on this, but I am pretty confident on what I am going to say … however, remember I am lay person and a foreigner at that, so do remember that you really need a Filipino attorney to give correct legal advice, if an issue comes up … you sure can’t rely on my advice. Also, if you do decide to use an attorney, ask around to find one who actually knows the property law and who works with real estate transactions regularly … my wife and I were going to do some title work involving changing around the shares of some property she owned along with her siblings and the guy we talked to didn’t seem to know anything beyond what he ha learned to pass the bar exam years back … not trying to insult him, but lawyers tend to be specialists just as doctors do.
Anyway, why I think you don’t have a problem now. If I read your question correctly, your Dad, and American was legally married (as in NSO-recorded marriage contract or something similar for legal proof) to your Mom who was then and still is a Filipino citizen. She acquired properties and put his name on the deeds as her spouse (a wide mover for anyone, by the way).
No your Dad never “owned” any properties, because as a foreigner he could not under the Philippine Constitution, but that point is completely moot now, he is no longer with us. As the legal spouse of you Mom he had a marital share of those properties. When he passed on, since they were still married, his share passed, undivided to his wife, so far as I know.
Today, since she is still with us, she effectively owns 100% of those properties as long as no one else’s name(s) are on any of the deeds.
When she passes, if there are no other legal complications, the children of the couple, any children from a previous marriage, and then any other entitles relatives if there be any, inherit shares as specified under the law. The inheritors can sell, transfer, etc, their shares, or the properties can be sold and the cash divided.
If your Mom has ideas other than the standard legal distribution, she can deed properties while alive to the people she wants to inherit them and maintain what’s called a tenancy for life … the properties would effectively still be hers while she lives but then would go automatically to the people (don’t have to be her children, while she lives she can distribute her property as she chooses) she nominates now.
My dear mother-in-law (still with us, thankfully) did this very thing. She owned some farm properties. She deeded the properties to her children .. one tract of land is shared by two sisters, one tract shared among four siblings, etc.). That way, when she does pass, the will be no squabbling and no extensive legal wrangling.
Hope this helps clarify things for you … but remember it is not legal advice. Be well.
Hi Philly, thank you for the information that you gaved me with prompt response. Anyway I guess she just need to talk to a lawyer, the bad thing about it that she live in Hawaii not in the Philippines. Do you know by any chance and attorney in the Phiippines that can handle this matter? or maybe a website that I can go and check it out?
Thanks again, Rena
Ha, now you asked the million-dollar question, Rena … or at least million Peso question. If I knew a lawyer here in the Philippines who ‘a’, was really competent in property matters and ‘b’., was willing to deal with both Filipino and forigner clients, I would be partnered up with him/her so fast it would make your head swim.
My [personal expereince is of course, just one man’s expereince, but in 10 yeeras now of attempring to deal with a numbe rof small legal matters I have not found an attorney who wnats to deal with ‘foreigner-related’ issues. Ig there are any attornies reading this who want to prove me wrong, here’s you chance and your first referral as well … contact Rena’s Mom through Rena (just click on her name and the email will go to her) and help the lady get her property affairs in order. …
best I can do for you, ma’am Rena. And if you do find a lawyer who handles this well, please wrute back and recommend the attorny to us.
hi
I have inherited a land from my parents in the Philippines and I am thinking of building a holiday house there in the near future. However, I am not a Filipino citizen anymore and quite reluctant to spend money because I want to make sure first that no one can take this house from me as soon as it’s done. I have a sister and brother who still live there.
I have enquired from a solicitor in my adopted country and found out that the laws here is completely different from the Philippines.
What do I do to ensure that the property given to me is indeed mine and no one has the right to take ownership of this except me and my husband. I have a will from my father stating that the land has been given to me, but I read in your blog that the will is not enough most especially when it involves Philippine land ownership.
thanks
MC
Thanks for writing in. As you have already determined, these things are never easy, and as you already seem to realize (but for the benfit of others who happen upon this), I am not a lawyer/solicitor. You need one for competent legal advice.
As regards you situation. yes the laws of property and inheritance in the UK are vastly different from the laws in the Philippines. But that’s ok though, because from what you have told me, it’s all good for you.
Omce a Fuilipino, always a Filipino (well, almost). Under the laws of the Philippines you are not a foreigner, you are a former Filipino. You therefore have the right to own property in the Philipp9iines in youtr own name, no matter how it was legally conveyed. The difference that applies to a former Filipino is that there is a size and quantity limit … without know what “a land” is from your message I don’t know if you fall within those limits, but you certainly have the right to land. You also have the right to unrestricted entry.exit and livingin the Philippines as well .. as long as you were originally a citizen of the Philippines.
When your parents passed there were several siblings, from what you have written. Each of those siblings has (normally) an equal share in yhe property that your parents held. So what your interests and your brothers and sister’s interests are are between you and them and if there is a problem there, it’s relatively simple for a Filipino lawyer to deal with. I’m sure the will has some legal bearing as well.
The biggest problem you have in my personal view is, building a house and then finding out someone has “invited themselves in” while you are away. I hate to have to bring this up as a foreigner … Filipinos often try to ignore this issue … so here the ‘bastos” foreigner will lay the cards on the table … “informal settlement”, otherwise known as “squatting” is a big problem here and you will not get much help from the law. Houses that are not lived in are at risk. You need to think this through before you take action .. will you have another family member live there while you are away, or? or? It’s something that need thoughtful planning.
Hope this will help a bit.
Hello there Philly, thank you for al information regarding this weary strange law. I wonder if you can help me clarifying my and my brother’s rights? Our father, European, has past away and 9 months ago he married a Philippines women. Over the past years he purchase property in Phillipines in her name, if I understand this right. There is now will, we have just met the women and she is very lovely. We want everything to be right and wonder now how to proceed?
Best LE
Hi Lars,
Thanks for writing. I’m sorry to hear that your dad passed away. I am not clear on what help you want, however. According to what you have said, your father was not a Filipino, and was not married to this woman whom he helped buy property? If you are talking real property, that is land, it’s likely your father owned nothing … remember a non-Filipino can not own property. If married he has a right of survivorship for property, meaning he might have been able to inherit from his spouse, but I don’t believe he has any other rights, as it seems he predeceased the wife. I really can’t say much more though, you most likely need a lawyer … sorry, but I wouldn’t know anything else to advise.
Sorry, but this is beyond my qualifications.
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.
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.
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 ?
Yes, that would be correct, for two reasons. A condo is not real property and includes no ownership of land.
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.
Hi Samera, you can research online on this issue about a foreigner can inherit a property when the Filipino spouse died. From what I have read recently, A (non-Filipino spouse who inherited the property (land) left by the Filipino spouse can only be sold to or inherited by a Filipino (heir) or person. and there is what you call compulsory heirs. please research it more online.
Thank you.
Nelly Crawley » Hi Nelly, thanks for dropping by, but may I ask you a favor? If you are going to answer another reader’s question, please try to provide something as an answer, rather than just telling them to do their homework. The points you mentioned, about property inheritance, are all made right here in this article you are commenting on … the whole reason I write this stuff is for the idea of write once, read many. Just a thought to keep the comments from spiraling into high numbers just repeating what was already said … I find my number one reason for comments and questions seems to be that people didn’t read the articles in the first place …. kind of frustrating at times, but I’ll persevere. Godspeed.
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.
Thanks for your comment. I’ll answer this in a future posting, perhaps today.
Thank you I look forward to receiving your advice
Many thanks
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
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.
Hi Phil, my question is; I have an aunt who is German citizen, (not dual), she has a daughter also dual citizen. My aunt has since claimed ownership of an uncle’s property (600m2 of town land) and my mother’s land also 600m2 and my late grandmother’s land (also about 600m2) on the grounds that my mother and uncle (who are Filipinos by birth) owed her money. There is no legal paperwork or receipts to prove this, only her say so and mum’s acknowledging this. I wanted to buy mum’s and uncles’ lands back as I am dual citizen. But auntie won’t sell because she plans on leaving these lands to her German citizen daughter (German by birth and citizenship but half Filipina). So my question is, can my aunt do this? can my German cousin legally own these lands? Can I, as dual citizen legally challenge my German cousin for ownership of the land because she is not Filipino citizen once my aunt dies? I know this sounds like a mindfield, but I would just like your opinion on this. Thanks Phil.
ooopps! correction Phil. My Aunt’s daughter is not dual citizen. Both Auntie and her daughter are German citizen although Aunt was born in the Philippines.
Hi Marie, thanks for commenting. Yes it is a minefield. Here are my thoughts (see my ==>>’s, based on the little I know about this.
I have an aunt who is German citizen, (not dual), she has a daughter also dual citizen.
==>> As you corrected on this issue, neither can be dual citizens. Germany is one of the few major countries that do not allow Dual Citizenship. Thus both the aunt and her daughter are German citizens, period. It does not matter where you aunt was born, what matters is the citizenship of her parents … I’ll assume then that she is a Former Filipino based on her parentage. A Former Filipino may own land, based on certain limits. It appears that the three pieces of land you are talking about exceed those limitations. But I won’t get into that here, becuase I think Auntie has a larger problem regarding ownership.
The cousin you mentioned likely has inheritance rights regarding property her mother may legally own. Every natural child (legitimate or illegitimate) can inherit the property of his/her Filipino father/mother even if he/she does not any Filipino citizenship. But the parent has to actually own the property, and that’s what I’ll talk about next.
My aunt has since claimed ownership of an uncle’s property (600m2 of town land) and my mother’s land also 600m2 and my late grandmother’s land (also about 600m2) on the grounds that my mother and uncle (who are Filipinos by birth) owed her money. There is no legal paperwork or receipts to prove this, only her say so and mum’s acknowledging this.
==>> Auntie has a significant problem here, legally (in my lay opinion). I would even say she has no claim at all, except for the statement that “mum” acknowledges the net. “Mum” is the wife of the property owner? (I’m a little unclear on this). If someone owes you money you can’t just “take” real property belonging to them. Even a bank or the government has to follow procedures. Auntie must get the property owner to agree to a mortgage or lien against the property and then go to court to foreclose in lieu of being repaid. When one loans money, even against an oral promise, and doesn’t get the money back, there is not a lot that one can do, legally.
This type of situation is so common here in the Philippines that I am amazed almost every day by it. It tears families apart, it causes untold heartache and it can be really devastating to peoples plans.
I wanted to buy mum’s and uncles’ lands back as I am dual citizen. But auntie won’t sell because she plans on leaving these lands to her German citizen daughter (German by birth and citizenship but half Filipina). So my question is, can my aunt do this? can my German cousin legally own these lands? Can I, as dual citizen legally challenge my German cousin for ownership of the land because she is not Filipino citizen once my aunt dies? I know this sounds like a minefield, but I would just like your opinion on this …
==>> In my view, Auntie has no claim to these lands. The only people who legally own these lands are the people whose name is on the titles. So far as the rules about ownership go, you can legally take title to all the land. If any of the legal owners have died, then their children or spouses have a claim based on the rules of the Philippine Family Code. But what should you do? I don’t know. If the parties who have their names on the title want to sell to you, they can execute a Deed of Sale, you record it at the appropriate Municipo and/or Land Title Office and that is essentially that. Done deal so far as I can see.
But you’ll have one angry Auntie *sigh*. What would I do? Can’t say, without knowing the people involved. Even though Auntie appears to have no real claim, the way the law works … if she wants to … she can file case after case against you, which she will likely never win in court, but which can drag on for years and will cost you a small fortune to defend against, especially if you are doing it from overseas. Personally I would probably just drop the whole ting and buy land with a clean title and no disputes … but the combative side of me feels Auntie is way out of line and ought to be stopped in her tracks. A prime consideration to me is, what is the land worth today and what is the original debt she is basing her claim on? Would it be worth just paying her off in return for a quitclaim deed for her alleged interest.
As for her daughter, what do you intend for the properties upon your (and your husband’s?) death? Could you just include the neice in your will? I would, becuase I’d be dead then,so what do I care?
Of course you should consult a lawyer on this, but frankly, even the best lawyer can’t really tell you what to do, s/he can only teell you your legal options. Based on what you already shared, pursuing the obvious legal oprions may be not in your long-term best interest. But you may have other options I don’t even know, so you certainly should seek professional legal advice, in my view.
Interesting problem to say the least, Marie. Do keep us posted if you find any resolution to the issues. ;
Hi Phil, thanks for the reply. That was certainly enlightening because I was not aware that Germany does not allow dual citizenship of their citizens. Let me clarify the picture here.
The land in question belonged to my Grandfather. When he died, as you know, there was no will. So it went to his direct heirs, his wife and children ((5 of them). Mum is my mother, my German citizen Aunt is her sister. Unfortunately, my uncle has since died and my German Aunt’s basis on claiming his land was that she spent a lot of money for his medical care. I stopped communicating with my mum 10 years ago because of her non-stop demand for money. After having children 5 years later, guilt sank in and I decided to re-establish communications. BIG mistake! Nothing’s changed. The money needs remained. I have since bought one Aunt’s share of the estate, and I asked mum if I could buy her share of the land she inherited from my maternal grandfather. That was when she told me that she had already sold it to German Aunt because she needed the money and seeing I was incommunicado, the only other person she can asked for money was my German Aunt. As previously mentioned, there are no paperwork. Only receipts as proof that my Aunt has sent money to my mum, and also receipts as proof that she has sent money to my uncle, who is now deceased.
I already asked German Aunt to sell mum’s share and I will pay her for whatever mum owed to her. But German Aunt declined stating she is going to leave this land to her daughter who was of course born in Germany and is German citizen. Frankly, I don’t really think my German cousin is interested in building in the Philippines. I just don’t think she has formed enough attachment to even want to holiday there. My daughter on the other hand just loves it there. By the way, both my daughter and I are dual citizens, (and she’s quite thrilled about it too!) so anything I own in the Phil. will pass onto her, correct?
I am aware of the size limitations a Balikbayan can own (1000m2). The land in question is in the province, but in a township. Do townships classify as “urban area?”
“The only people who legally own these lands are the people whose name is on the titles”.
Currently, the lands are still in my late grandfather’s name. My aunt is in the process of transferring titles to her name, i.e. her share, mum’s share, uncle’s share, and grandma’s share (600m2 each). Is it legal for her to do this? So apparently the process goes like this; it is surveyed and the size for each heir is determined. Then each owners are allocated titles. So before my aunt can actually put these lands in her name, she has to put these in my mum’s, Grandma’s and uncle’s names first, then transfer these to her name eventually. But apparently, these process won’t take long.
Has your head stopped spinning yet?
As for the question of legal contest, like you mentioned, Aunt can file a legal challenge. I don’t think she has the financial resources. She does not work and her husband is now retired. She can’t even afford to come home to the Phil. every year like I can. On the other hand, it is hard for me to mount a legal challenge because of distance, and the property is probably not worth that much. I only want it for sentimental reasons, and I believe, so does my aunt. The land in question has been in the family for more than 100 years and all I want is for it to remain in the family. My kids also loved the place and I know that they will treasure it also once I’ve passed on.
Thanks again for your reply Phil. Believe me, this family of mine has more dramas than the Borgias of Renaissance (?) Italy.
Hi, you spoke about the children of the Philippino of a “mixed marriage”. We are in a situation where a Philippino women has married a Dutch husband in the Philippines. Both had children from a previous marriage. She passes away, or actually she will pass away very soon but wishes to mke the proper arrangements before she does, and wishes to pass on the properties owned (in her name) to her son solely. Does that mean the foreign husband will still get 1/4 of the property but his child will miss out all together? And so does this mean her own child can only receive 3/4, no more no less under these circumstances?
Thanks for helping us!
@Terry (ID 4062): Thanks for writing in, but I don’t know how much I can help. I don’t know all the provisions of the law. But yes, so far as I know, the husband has a share in her property, as do the children. You need a competent attorney to advise her as to (possible) ways to do what she seems to want to do, which is disenfranchise her husband contrary to the Family Code of the Philippines. Any advice you get from online “experts”, like me, is quite often wrong … when you need an attorney, you need an attorney … all else is just opinion.
Hello Philly,
My wife died three years ago,neither of us had been married before,we had no children and both of my wife’s parents had passed away too.
She died intestate and so it was up to me to do the biz.No distant relatives crawled out of the woodwork.The biz – taxes,transfer of property etc (to me) – took the best part of two years but it was done in the end.
Question – is there a time limit on obscure relatives crawling out of the woodwrok and demanding a share ?
PS.I did all this myself without the aid of a lawyer,using a notary public for the affidavits.It saves cash,one knows exactly what is going on and one gets the chance to appreciate the ins and outs of Philipiine bureaucracy.
All the best – PPS,you look familiar.Davao ?
@Davao dela Cruz (ID 4150): Wow. This proves something I say often … I only spend the time on this PhilFAQS ‘thingy” of mine becuase of how much I learn. Thanks ever so much for sharing.
First of all, very sorry for your loss. Secondly, thanks for adding some support to advice I often give … do it yourself when you can. Now I am not at all anti-lawyer. In fact, I have some legal professional readers, so I better watch my P’s and Q’s here for sure. There are certainly times one needs, and should seek competent legal advice. But in the long run, no matter what the problem is, it’s still your problem, not the lawyers, so you really need to see it through yourself. Only you know the outcome you want, and many Filipinos, especially where a foreigner is involved, will try to maneuver things so the outcome is what _they_ think the foreigner wants. This can lead to a lot of extra heartburn.
But your operative question does require a professional answer in my view. I am not aware of what time limits there might or might not be for others to file claims, and I don’t know any of the ins and outs regarding how more distant relatives might or might not be entitled to a share. If it were me, I wouldn’t worry unless something “popped up”, but again, that’s just a personal opinion.
I live in Marilao, Bulacan, Luzon. But I have visited Davao City several times and will again in March 2011. I like Davao a _lot_.
This article certainly brings up many questions, and I hope they weren’t answered in the comments. I did my best to read through them, though some got a little long and off target of my questions.
I’ll bring up a simple scenario, and see if I can make my questions fit:
Let’s say the foreign husband survives the filipina wive and there are two children to the wife from a previous marriage (widow). No surviving parents for the filipina.
That makes the split 1/4 to each child and 1/4 to the surviving spouse, correct?
If so, if no will, who decides what happen with the remaining 1/4?
If the surviving spouse gets it, one way or another, who decides what happens with the house. Can one or both children force a sell, or can it stay in possession of the surviving spouse until death?
Can the surviving spouse “buy out” the children, and then actually become a full title holder of property in the Philippines?
If there are multiple properties, say three (houses and land), are they all treated independently or could they be divided upon the three, each getting one?
OK, I know you are not a lawyer but your best effort is good enough for me
Randy C (ID 5871) » Randy, thanks for your confidence in me, but I don’t want to even make a guess on this one. You ask several times, “who decides” in various apsects of this question. The law is “silent” on that issue, so far as I know, That means that “who decides” is more of an issue of who shouts loudest, who is better connected within the family or who files the best lawsuit. That’s why I counsel time and time again that buying property in the Philippines is a huge quagmire that foreigners ought to avoid … unless it’s a condo where they have their own title.
There’s just no way to know for sure. same thing happens in the US as well. Suppose someone leaves you and me 50% of some property. I say, I want it sold. You say, hell no, hold onto it for future gains. There’s generally no law which says I prevail or you prevail. We either have a fist fight, a knife fight, we agree to buy one or the other ‘s share out, or we go to court and the judge tells us how to settle our differences. There just isn’t a specific law to cover every eventuality … or so I opine.
OK, I think I got it…it’s a free for all. There are few, if any rules, and you can try to work it out or let the courts.
In the scenario I mentioned, could the foreigner legally own the land outright if he bought out the children. Since he is allowed to be a partial owner, if there were agreements, could he in this case be 100% legal owner?
I think the answer is yes, but I’m not clear. It seems that is the situation with Davao dela Cruz, but he is still wondering if there could be a claim.
From my perspective the easiest solution, other than not buying at all, is to not outlive your filipino spouse
Randy C (ID 5881) » Randy, the foreigner can NOT buy the rights og the children (or anyone else). His only share comes from his portion of his wife’s portion if she dies.
Hi Philly: I’m new to your blog, but I’d like to contribute updates to your information. My mother was a dual citizen (U.S. and Filipino) and my father was a U.S. citizen (born in the U.S.). My mother passed away two weeks before my father. My parents made a will, but was invalidated by the courts as my mother willed her entire estate to my father. According to Philippine law, my mother’s estate is automatically divided in half (half belonged to my father and half to be divided amongst the children).
Now this is the kicker. All estate taxes must be paid within a prescribed amount of months. Thereafter, penalties for the taxes will begin to accrue. All remaining bills must be paid (electricity, municipal taxes, water, phone, etc. – otherwise, these entities can place a lien against the properties that my parents held). The estate taxes was enormous in addition to the legal fees and had to be paid in cash. I wired the payment from the U.S. via a bank which a trusted cousin with the estate lawyer drew the cash from to be paid out for the taxes. (We made sure that the attorney gave a receipt for the amount drawn and had the receipt from the tax office.)
To avoid all types of claims from relatives and from the siblings who did not contribute, my older brother (with the power of attorney from my younger brother and I) petitioned for the Philippine court to appoint him as the legal administrator of my parents’ estate. I had to be present with my older brother in the Philippines to sign all types of documents for about a month. Transactions in the Philippines takes a very long time. My younger brother had to go to the Philippine Consulate in Los Angeles to validate his power of attorney.
To secure the properties, my older brother rented out the houses to keep the squatters out as we are still in the U.S. (My older brother is the only one with a dual citizenship: American/Filipino, but has only one son in the U.S. who has no interest in the Philippines.) My older brother also hired property managers to make sure that the properties are secured. He is a part-time resident of the Philippines and resides in one of the properties. I write checks to my older brother to assist with the expenses as I plan to occupy one of the properties for my retirement. (I make sure that he acknowledges the amounts that I have contributed in writing). Our family lawyer advised for me to place a lien on the properties on my arrival to the Philippines. I’m going to apply for dual citizenship shortly as I was born in the Philippines.)
Three years already passed, my older brother is still going to the courts as required by the Philippine government. We held the properties for sentimental reasons, but other from these reasons it might be better to buy a “clean titled property”, instead of pumping money into inherited properties with murky titles.
Roselyn (ID 5887) » Fascinating story, Roselyn, thanks for contributing. Indeed the property laws here can be areal quagmire. Recently I bought the house I had been renting for some years (see Owning Your Own Home — in the Philippines — Part 6). The owners were a Filipino couple who long ago moved to the US. They were the original owners from when the house was ult, and we’re n a developed, well-urveyed area just outside Metro Manila, so yu might think the transaction would be simple.
Well, you might be wrong. And the folks with the mst problems in the deal were my sellers. I’d tell them they needed some paper, they’d respond, “Oh we don’t need that, we’re Filipino, we know about these things.”
Well, the truth is they really didn’t know about a lot of things, and eventually it cost them several hundred thousand Pesos to get everything ‘ship shape’ and get what was left of the sales proceeds into their US bank account.
Buying and selling property in the US is so, so different than it is in the Philippines, even for Filipinos/former Filipinos.
It’s about time we as foreign country’s take away the rights for Filipino to own property abroad or become a citizen until the Philippines give the same rights to their immigrants.
Not only is it discriminating it also contribute in the believe of Filipino being Gold diggers!!!
Point 2 is the even the labor law has some interesting discriminating rules against foreigners and also for the business owners.
Mau » Hi Mau, thanks fo4r reading and for contributing with a comment. I have to say, though, I’m a little confused. What do you mean by “we as foreign country” tasking away property rights?
Who is “we”?
What country or countries are taking away Filipinos property rights? Certainly not the USA, where Filipinos can own property as they please, they don’t even have to come to the USA to become property owners. Filipinos can also own and operate businesses in the USA at will as well. Again. just wondering who “we” is, because it kind of reads as if you are including “me” in that and I just want to know what I am supposed to be part of.
As far as Philippine labor law being discriminatory toward foreigners, I agree. In fact I have written many articles warning people about that … the Philippines is not much in the realm of human rights, for foreigners or even Filipinos so far as that goes. I always advise foreigners _NOT_ to try to get a job in the Philippines, there are much better ways to earn a living in the Philippines than mucking about with a J*O*B (Just Over Broke). Godspeed.
Hi! I have a Filipino friend married to an American for almost 2 years. Unfortunately the American passed away due to heart failure but never left a will. I just want to know if my friend gets to have a share on whatever her husband had especially his wealth in the US. By the way they didn’t have any children. Hope to hear from you soon. Thanks and God Bless!
Hello Kate, thanks for contributing. That’s a pretty complex question … especially based on just an outline of the situation.
Remember, this is only a guess, I’m no lawyer, OK?
Two things weigh heavily on what rights your friend may have. Where the marriage took place, and where the husband died. Also, what the husband’s “wealth” might consist of. If, for example it’s money, and he had that money before the marriage, she may have little or no rights to it. Also, if there are previous family members, such as children from a previous marriage, etc., they may have a share. Or not, I don’t know … there are 50 US States and each one has differences in their laws regarding cases like this.
Also, many states have time limits for claimants to come forrwad after death. Two years is a long time to wait. What has your freind been doing all this time? If she does have any rights, she sure had better be about pursuing them, nbecuase it’s doubful any magic man with a briefcase full of money is going to show up at her dorr, unless she takes action.
My advice? Get a lawyer and don’t ask various self-styled “experts” online (like me) who really aren’t qualified. I bet you could ask this question in 15 different blogs/websites about the Philippines and get 15 different answers … all of those answers would be worth what was paid for them, nothing. (including mine
. Godspeed.
Thanks so much Phil for replying..my friend and his husband were married here in the Philippines and the latter passed here also. She says her husband has an individual fund as well as a mutual fund with his cousin. She’s now consulting for a lawyer as you told me. Thanks again, Phil!
I was born in the Philippines, and my parents were not married at that time. But unfortunately my father passed away, he died of a heart attack in 2002. I was brought to the United States by my step-father, in 1979. After so many years of being here in the United States, my question is do I have the right to come forward to seek for my share of inheritance, being the son of the Filipino deceased father?
Dear Phil.
My ex husband has got into a relationship with a phili lady they are not married. She has persuaded him to make a will leaving his property to her in return for leaving her property she owns in the Philipiines to him if she died first. He is under the illusion he would get all her property and can do whatever he wants with it. She has a child of her own who is also phili. ~Can you confirm that firstly he is not married to her so he would not get anything of hers even if they married it would be as you have stated many times above. I believe if he died in this country she would get his property etc. My ex husband has two children of his own who were supposed to inherit from him but this lady has been very persuasiv e and threatening. I have mentioned to him he may not get her property but he doesnt want to hear this. Please could you advise
Hi Bev, thanks for contributing a question here. The short answer is, No, there is no way he could inherit any real property from this lady. A foreigner can not own real property … that is land, or the land under a home or business, EXCEPT if he or she owns that land together with his or her Filipino spouse and the Filipino spouse dies. The foreigner then owns half the property as described in my article.
There is no legal way I know of for a deal as you have described to work. Even if there is no fraudulent intent, a Filipino citizen does not hold the right to pass on lands of the Philippines to a foreigner in this way. Period.
I don’t want to get involved in any contentious argument, but all anyone has to do is read the Philippine Constitution (the current, 1987 or “Cory” Constitution) and the matter is very clear.
My personal view (and remember, I’m no lawyer) is that the entire deal as you have laid it out is extremely one-sided. There is no restriction at all on Filipino citizens owing US property, so if your ex-husband dies first, it’s entirely possible that this Filipina may own whatever he has willed to her. There is literally no possibility that it could work the other way. Wishing can’t make it so.
In the event you convince your husband to read this, let me make a further comment or two. I’ve been dealing with various scams and methods for extracting money from foreigners for years now. I can sniff out most of them. This one smells to high heaven (in my opinion, of course).
Usually it’s just a request for a few hundred dollars because the carabao died, or five hundred bucks for lola’s eye operation, etc. But you have run into a forward-thinking individual here. Why maneuver for small dollar amounts when you can have a chance at a guy’s entire estate. To me this is an excellent example of “wrong headed” thinking … using the little head rather than the big head to make your decisions.
Trust me, I’m a man, I’ve made similar mistakes. It happens. A smart man learns for the mistakes of others before it’s too late. Good luck to you and your children.
Can i inherit the properties of my unmarried aunt (with will) if i am a foreighner and a minor?
Hello Elena, thanks for reading and for contributing here. Remeber that I am just a lat person and the advice hre is personal opinion only.
Based on everything I have read, the answer is “No” in both cases. A foreigner can not own land unless it come to him or her via the death of a spouse. A minor can not own land.
I’d advice you to seek professional help on this. Godspeed.
My brother married a Philippino women in Canada. She had been sent to Canada as a student to study nursng., get a job and one by one bring each of her younger siblings over to educate and marry well. She did ot marry until she was 50yrs of age. When they both retired they went to the Phillipenes to settle on her parents property they both being deceased. They built a restuarant on the property which eventually turned into a resort. My brother eventually died and is buried there. They had no children. His wife now 80 still runs the resort. My question is, can my brother’s children by his first marriage, make claim on that resort or any part of it? I have ordered his will to see just what it states and see if it can shed some light on this question. On her facebook I see only evidence of one brother. However, she has quite a few nieces and nephews on her friends. On her facebook she states “owner” of that resort which would be correct. To add to this my brother paid no child support for his 4 children here in Canada.
Hello Mary Anne, thanks for writing in with an interesting question. Not so sure I cna anwer it very effectively, though. There are a lot of “imponderables here.
Remember, this is all my personal opinion, only. I am not a lawyer, nor do I have any special expertise in a matter as convoluted as the one you have outlined here.
Right from the beginning this begs the question as to what rights even your brother’s widow has to the existing property. According to Philippine law, all for her siblings had a share in that property when the parents dies. It’s very likely that her siblings and their children have claims. I have no idea what is on the title, either, because it is very common here for property to remain in the name of grandparents, great grandparents and the like, long after they are gone. Saves taxes, don’t you know.
At best, your brother, if his name is on the title and their marriage was recorded in the Philippines, would have been entitled to a half share of whatever his wife’s share was HAD she predeceased him.
That not being the case, I don’t believe he has any legal share in the property from a land titling aspect.
That turns out to be an exceedingly good question. I have no answer. As mentioned in the original article or in the comments above, the idea of the foreigner partner’s children possibly having any claim after that partner’s death is, according to the words of a Filipino attorney who weighed in, “Interesting”.
I don’t believe this has been tested in the courts here in the Philippines in any definitive way. His will may indeed be of some help, but remember that Philippine law says that a will can not disenfranchise the mandatory heirs.
Perhaps the most important question I should have asked at the beginning. What the heck is this place worth? In my experience the Philippines is full of little “mom and pop’ type ‘resorts’ that are fine and dandy for keeping a couple fed and housed, but their net worth and/or sales prospects are dismal. So I guess the question is, are you chasing something of actual value?
It sounds to me as if you are not well acquainted with your sister-in-law? Have you approached her directly and learned her views on the matter? For that matter, have you ever seen the resort and do the children in question (who I assume are all adults by now) have any interest in the situation?
In my limited experience in these cases, a lot more gets done informally via family agreements than will ever gte done through the courts. I’d certain,ly advise you to consult a Canadian attorney on this matter and get his/her legal opinion on the matter, because if something like this winds up going tothe courts I can say with some surety it will get expensive. Godspeed.
we bought a house here in the philippines but the dutch man and I,, no marriage but we apply a conjugal property so now the house that we bought is for sold for 900k,,,and the dutch man give me only 50k how come,,that property is both my name but he can give me like that of amount plsss give me some advise here ,,,,,,,,
hope to hear from you…
Hello Carmen,
Well, you will certainly hear back from me .. but I am not sure how much value my response will be.
Several things in your situation are just so far from my experience here in the Philippines that I really don’t know how to answer.
Point 1. A foreigner can not buy real property in the Philippines. So if you are saying that you and ‘the Dutch man’ bought a conventional house together, that is house and lot , I know of no legal way this could have been done. He put up the money, you used your name? Tell me more about this transaction.
Point 2. I have no idea what you mean by “apply a conjugal property”. property can only be conjugal when a couple is legally married, so far as I know. In the case of a Filipina married to a foreigner, the wife actually owns the property, the husband, even with his name on the deed, only owns the property in the event of his wife dying. Who did you “apply a conjugal property” with? This is a complete mystery to me.
Point 3. If the house was jointly owned by you and your Dutch friend, I see no legal way he could have sold it on his own. If your name was on the title, there are many papers you would have had to sign as owner. Payment should have been divided between you and your ‘conjugal’ friend. Obviously, you feel it was not.
You may have a case against this man. But maybe you don’t.
Only a lawyer licensed to practice law in the Philippines is qualified to help you on this. You need one, since potentially hundreds of thousands of Pesos are at stake. Godspeed.