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Lot and condominiums that we buy

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1 Lot and condominiums that we buy on Sun Dec 09, 2012 11:51 pm

garc78


Arresto Menor
Good day



Last edited by garc78 on Sun Dec 23, 2012 6:30 am; edited 1 time in total

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2 Re: Lot and condominiums that we buy on Mon Dec 10, 2012 1:28 am

shad_marasigan


Reclusion Perpetua
The rule is applicable when the husband is a citizen of the Philippines while the wife is a foreigner when you get married after 1987.

can she sell without your consent?

Both spouses shall possess joint administration and enjoyment of the community property. In case of disagreement, the husband’s decision shall prevail subject to proper recourse by the wife to the courts for proper remedy. This action on the part of the latter must be commenced within 5 years from the date of the contract implementing such. One of the spouses may assume sole administration and exercise powers of administration if the other spouse is incapacitated or is unable to participate in the administration of the property. Such power does not confer to the administrator the authority to dispose or encumber the properties administered unless allowed to by the court or consented to by the other spouse. In the absence of such consent, the disposition or encumbrance shall be considered void but the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third party that may still be perfected upon the acceptance by the other spouse or upon authorization of the court. Neither spouse may donate any community property without the consent of the other except in the case of moderate donations for charity or on occasion of family rejoicing or family distress.

When i get married she own already 1 condo!
do i have rights on this condo in case we have to sell!

No you don't have any rights as this condo is her exclusive property. Only those that are acquired during their marriage are considered jointly-owned.
You cannot sell what you do not own. She owns that property so simply put you cannot have any right to sell that.



Last edited by shad_marasigan on Mon Dec 10, 2012 9:32 am; edited 3 times in total (Reason for editing : Additional Information)

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3 Re: Lot and condominiums that we buy on Mon Dec 10, 2012 1:41 am

garc78


Arresto Menor
SO



Last edited by garc78 on Sun Dec 23, 2012 6:30 am; edited 1 time in total

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4 Re: Lot and condominiums that we buy on Mon Dec 10, 2012 1:55 am

shad_marasigan


Reclusion Perpetua
You are a foreigner right?

The rule below applies to you and your wife when you got married before 1987.

If the marriage is between a citizen of the Philippines and a foreigner, whether celebrated in the Philippines or abroad, the following rules shall prevail:
(1) If the husband is a citizen of the Philippines while the wife is a foreigner, the provisions of this Code shall govern their relations;
(2) If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of the husband’s country shall be followed, without prejudice to the provisions of this Code with regard to immovable property.

Better consult your law regarding property relations.

When you got married after 1987, it is different.



Last edited by shad_marasigan on Mon Dec 10, 2012 9:35 am; edited 2 times in total

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5 Re: Lot and condominiums that we buy on Mon Dec 10, 2012 3:35 am

garc78


Arresto Menor
Yes i am foreigner!



Last edited by garc78 on Sun Dec 23, 2012 6:31 am; edited 1 time in total

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6 Re: Lot and condominiums that we buy on Mon Dec 10, 2012 9:26 am

shad_marasigan


Reclusion Perpetua
When you get married after 1987.

PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

Chapter 1. General Provisions

Art. 74. The property relationship between husband and wife shall be governed in the following order:
(1) By marriage settlements executed before the marriage;
(2) By the provisions of this Code; and
(3) By the local custom. (118)
Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern. (119a)
Art. 80. In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence.
This rule shall not apply:
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located; and
(3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity. (124a)

System of Absolute Community
Section 1. General Provisions

Art. 88. The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. Any stipulation, express or implied, for the commencement of the community regime at any other time shall be void. (145a)
Art. 89. No waiver of rights, shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property.
When the waiver takes place upon a judicial separation of property, or after the marriage has been dissolved or annulled, the same shall appear in a public instrument and shall be recorded as provided in Article 77. The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits. (146a)
Art. 90. The provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter.

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7 Re: Lot and condominiums that we buy on Mon Dec 10, 2012 4:16 pm

attyLLL


moderator
(2) If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of the husband’s country shall be followed, without prejudice to the provisions of this Code with regard to immovable property.

as to condos, PH law will consider it as conjugal property.

as to land, PH law will not recognize any right that you may have. they will be considered her sole property

she can purchase any property without your consent. she can sell condo only with your signature. she can sell any land in her name without you.


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8 Re: Lot and condominiums that we buy on Fri Dec 14, 2012 6:25 am

ponapem


Arresto Menor
[quote="attyLLL"]
she can sell any land in her name without you.


question, if the title says " [wife's name], Filipino, married to [husband's name], citizen of [foreign country]"

can she still sell it without husband's signature /permission?

thanks

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9 Re: Lot and condominiums that we buy on Fri Dec 14, 2012 9:15 pm

garc78


Arresto Menor
What about the house that i build on this land??

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10 Re: Lot and condominiums that we buy on Sat Dec 15, 2012 3:50 am

garc78


Arresto Menor
Any answer?



Last edited by garc78 on Sun Dec 23, 2012 6:31 am; edited 1 time in total

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11 Re: Lot and condominiums that we buy on Sat Dec 15, 2012 4:42 am

shad_marasigan


Reclusion Perpetua
if the title is acquired during marriage, then it should be conjugal. in a corporation, same thing, profits and losses should be conjugal.

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12 Re: Lot and condominiums that we buy on Sat Dec 15, 2012 1:18 pm

attyLLL


moderator
garc, even the house is considered part of the land, so no, ph law will not recognize your ownership or contribution. i recommend sticking to condos.


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13 Re: Lot and condominiums that we buy on Sat Dec 15, 2012 2:01 pm

garc78


Arresto Menor
I was thinking to do a corporation and transfer the title to the corporation to be on the secured side!
As i paid the lot and the building!
And the building is under construction now!

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14 Re: Lot and condominiums that we buy on Sat Dec 15, 2012 3:07 pm

attyLLL


moderator
the best security is a close and loving relationship with your wife.


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15 Re: Lot and condominiums that we buy on Sat Dec 15, 2012 3:15 pm

garc78


Arresto Menor
Yes thats the case but as i am abroad i want to be sure that i will not have problems in the futur so i prefer to know as the las in philippines is not always the best!like in this case i could lose all my investment if my wife wish to do sth against me we never know the futur!

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16 Re: Lot and condominiums that we buy on Tue Dec 18, 2012 8:45 pm

garc78


Arresto Menor
Any answer??

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17 Re: Lot and condominiums that we buy on Wed Dec 19, 2012 7:47 am

shad_marasigan


Reclusion Perpetua
i believe both properties (condo and lot) had been addressed and were given full legal reasons. now you want the corporation to be on secured side, give a try to go to philippines and consult a lawyer here. you will feel safe.

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