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marriage and foreign national laws

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1 marriage and foreign national laws on Fri Jun 07, 2013 2:33 am

Baldymark


Arresto Menor
I am a foreign national and a permanent resident in the philippines, i was married in a court of law and now after 18 years my marriage has broken down, can you advise if the laws are different for separation due to my legal status, thanks

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2 Re: marriage and foreign national laws on Fri Jun 07, 2013 3:36 am

AWV


Reclusion Perpetua
Are you married in the Philippines? If so, you need to go through annulment process.
Separation does not freed you from your marriage unless you file for an annulment.
When annulment goes through, your properties are conjugal, unless she signed a pre-nup.

Baldymark wrote:I am a foreign national and a permanent resident in the philippines, i was married in a court of law and now after 18 years my marriage has broken down, can you advise if the laws are different for separation due to my legal status, thanks

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3 Re: marriage and foreign national laws on Fri Jun 07, 2013 6:55 am

Baldymark


Arresto Menor
I am married in the philippines, when i purchased the house i was on a tourist visa and my name is not on the papers, how do i stand with that, thanks

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4 Re: marriage and foreign national laws on Sat Jun 08, 2013 2:02 am

AWV


Reclusion Perpetua
Although you are on a tourist visa, you are married to her and although you're name is not on the purchase it will be conjugal! Its obvious she cannot afford to purchase it, unless she is rich before you marry her if she is not? easy to prove it if you have all the evidence on the transactions like when you transer the money on her name.

Baldymark wrote:I am married in the philippines, when i purchased the house i was on a tourist visa and my name is not on the papers, how do i stand with that, thanks

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5 Re: marriage and foreign national laws on Sat Jun 08, 2013 2:03 am

AWV


Reclusion Perpetua
that is typical! money grabbers attitude! I'm sorry!

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6 Re: marriage and foreign national laws on Sun Jun 09, 2013 5:19 pm

attyLLL


moderator
if this is a lot, you have no legal rights to it because foreigners are not allowed to own land. i recommend you undergo divorce proceedings under your country's law.


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7 Re: marriage and foreign national laws on Sun Jun 09, 2013 5:41 pm

AWV


Reclusion Perpetua
AttyLLL, I have too many relatives who are married to foreigner some of them still are and some of them went through divorce but since they bought properties through their Filipina wife, it is automatic that the foreign husband are entitled to purchase properties. Now, inside marriage, these properties are still conjugal. One of my relative divorce the foreign husband and they had to sell the properties to divide it between the couple. But of ccourse the foreign husband lost the residency status in the country after divorce.

http://whaddaheck.blogspot.com/2012/04/can-foreigners-buy-real-estate.html#.UbQ8pMsaySM

Foreigners Married to a Filipino Citizen

If holding a title as an individual, a typical situation would be that a foreigner married to a Filipino citizen would hold title in the Filipino spouse's name. The foreign spouse's name cannot be on the Title but can be on the contract to buy the property. In the event of death of the Filipino spouse, the foreign spouse is allowed a reasonable amount of time to dispose of the property and collect the proceeds or the property will pass to any Filipino heirs and or relatives.


The real question is Can Foreigners buy and own Real Estate Properties in the Philippines?

The answer is Yes but let me tell you why:

Generally, only Filipino citizens and corporations or partnerships with least 60% of the shares are owned by Filipinos are entitled to own or acquire land in the Philippines. However, Foreigners or non-Philippine nationals can purchase condominiums, buildings, and enter into a long term land lease.

Foreign Ownership of Land in the Philippines

Ownership of land in the Philippines is highly-regulated with land ownership reserved for persons or entities considered Philippine nationals or Filipino citizens. For this purpose, a corporation owned 60% by Filipino citizens is treated as a Philippine national. Foreigners interested in acquiring land or real property through aggressive ownership structures must consider the provisions of the Philippines' Anti-Dummy Law to determine how to proceed. A major restriction in the law is the restriction on the number of alien members on the Board of Directors of a landholding company which is limited to 40% alien participation. Another concern is the possible forfeiture of the property if the provisions of the law is breached.

Exceptions to the restriction on foreigners acquisition of land in the Philippines are the following:

Acquisition before the 1935 constitution
Acquisition through hereditary succession if the foreigner is a legal or natural heir
Purchase of not more than 40% interest in a condominium project
Purchase by a former natural-born Filipino citizen subject to the limitations prescribed by law. (natural born Filipinos who acquired foreign citizenship is entitled to own up to 1,000 sq.m. of residential land, and 1 hectare of agricultural or farm land)
Filipinos who are married to aliens who retain their Filipino citizenship, unless by their act or omission they have renounced their Filipino citizenship

Foreigner Ownership as a Philippine Corporation

Foreign nationals or corporations may completely own a condominium or townhouse in the Philippines. To take ownership of a private land, residential house and lot, and commercial building and lot foreigners may set up a Philippine corporation in the Philippines. This means that the corporation owning the land has less than or up to 40% foreign equity and it is formed by 5-15 natural persons of legal age as incorporators, majority of whom are Philippine residents.

Foreigners Leasing Of Philippine Real Estate Property

Leasing land in the Philippines on a long term basis is an option for foreigners or foreign corporations with more than 40 percent foreign equity. Under the Investor's Lease Act of the Philippines a foreign national and or corporation may enter into a lease agreement with Filipino landowners for an initial period of up to 50 years renewable once for an additional 25 years.

Foreigners owning Houses in the Philippines

Foreigners owning a house or building in the Philippines is legal as long as the foreigner does not own the land on which the house is build.

Foreigners owning Condominiums & Townhouses in the Philippines

The Condominium Act of the Philippines, R.A. 4726, expressly allows foreigners to acquire condominium units and shares in condominium corporations up to not more than 40% of the total and outstanding capital stock of a Filipino owned or controlled condominium corporation. However, there are a very few single-detached homes or Townhouses in the Philippines with condominium titles. Most condominiums are high rise buildings.

Former Natural-born Philippine Citizen now Naturalized American Citizen

Any natural-born Philippine citizen who has lost his Philippine citizenship may still own private land in the Philippines up to a maximum area of 5,000 square meters in the case of rural land. In the case of married couples, the total area that both couples are allowed to purchase should not exceed the maximum area mentioned above.

Filipinos & Former Filipino Citizens (Balikbayans) & OFW

Former natural-born Filipinos who are now naturalized citizens of another country can buy and register, under their own name, land in the Philippines but limited in land area. However, those who avail of the Dual Citizenship Law in the Philippines can buy as much as any other Filipino citizen. Under Republic Act 9225 (Philippines Dual Citizenship Law of 2003), former Filipinos who became naturalized citizens of foreign countries are deemed not to have lost their Philippine citizenship, thus enabling them to enjoy all the rights and privileges of a Filipino regarding land ownership in the Philippines.

attyLLL wrote:if this is a lot, you have no legal rights to it because foreigners are not allowed to own land. i recommend you undergo divorce proceedings under your country's law.



Last edited by AWV on Sun Jun 09, 2013 5:49 pm; edited 2 times in total (Reason for editing : organising)

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8 Re: marriage and foreign national laws on Thu Jun 20, 2013 3:47 pm

Baldymark


Arresto Menor
So in that case i need to contact the british embassy?

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