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Can a wife sell the family home without the permission or knowledge of her foreign husband?

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Foreign_dupe


Arresto Menor
I am a foreigner married to a Filipino woman. I have just found out that my wife is attempting to sell the fully furnished family home which I am paying for. She has no grounds for selling the house and is currently having her school fees being paid for at a top university in Davao and has an allowance of over 50,000 pesos a month . She may have a bf. Can she sell the house? Because I was not in the country when the house was bought she may have put it in her name even though she said it would be a joint martial home. She has not communicated the selling of the family home to me at all. It has all been done secretly behind my back. Is she entitled to do this if the home is in her name? Is this fraudulent or of criminal intent?

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AWV


Reclusion Perpetua
Foreign_dupe wrote:I am a foreigner married to a Filipino woman. I have just found out that my wife is attempting to sell the fully furnished family home which I am paying for. She has no grounds for selling the house and is currently having her school fees being paid for at a top university in Davao and has an allowance of over 50,000 pesos a month . She may have a bf. Can she sell the house? Because I was not in the country when the house was bought she may have put it in her name even though she said it would be a joint martial home. She has not communicated the selling of the family home to me at all. It has all been done secretly behind my back. Is she entitled to do this if the home is in her name? Is this fraudulent or of criminal intent?
If you did not sign anything when she purchased the property this only means its not joint marital ownership. And yes! She can sell it without problem if it is under her name I'm afraid!

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Prieure


Arresto Menor
Mga Atty, question lang:

Foreigners are not allowed to own land in the Philippines and we have also a law that anything acquired by either spouse after marriage is conjugal property.  

In this particular case, can the wife acquire a house and lot after she married a foreigner?

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AWV


Reclusion Perpetua
Prieure wrote:Mga Atty, question lang:

Foreigners are not allowed to own land in the Philippines and we have also a law that anything acquired by either spouse after marriage is conjugal property.  

In this particular case, can the wife acquire a house and lot after she married a foreigner?
Of course she can if she has dual nationality Foreign citizen and Filipino citizenship.

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Prieure


Arresto Menor
In case the wife die, will the foreigner husband have the right to inherit the property?

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Foreign_dupe


Arresto Menor
If your wife has led you to believe the property is jointly owned is that fraud? I thought that if you were married to a Filopino then the property was part of matrimonial property and there for was halfed? If I do not divorce her but we live seperately am I liable for any debts she incurs?

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AWV


Reclusion Perpetua
To know more about being married to Filipinos.
Check this out! http://jlp-law.com/blog/annulment-divorce-legal-separation-in-the-philippines-questions-and-answers/

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8 Thanks for the link on Wed Nov 06, 2013 7:06 pm

Foreign_dupe


Arresto Menor
Thanks for the link

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Reclusion Perpetua
Foreign_dupe wrote:Thanks for the link
Try to verify your marriage to her through NSO to find out if it exist and not fake.

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Foreign_dupe


Arresto Menor
I have a copy of our marriage certificate and she has a number of official documents with her name changed to my surname. At the university she attends she uses my surname.

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Foreign_dupe


Arresto Menor
Prieure wrote:
Mga Atty, question lang:

Foreigners are not allowed to own land in the Philippines and we have also a law that anything acquired by either spouse after marriage is conjugal property.  

In this particular case, can the wife acquire a house and lot after she married a foreigner?
Of course she can if she has dual nationality Foreign citizen and Filipino citizenship.

We married in the Philippines and the house was acquired in Davao after marriage.  I believe it was signed in both our names - in other words joint ownership of the house.  If she signed for the property after marriage and she is a Filopino and I am not is the hoyse hers alone or is it joint property because it was bought after we married?  Also what is the law regarding property owned by each person before marriage that is be owned in another country. Salamat.



Last edited by Foreign_dupe on Thu Nov 07, 2013 2:01 am; edited 1 time in total (Reason for editing : Missed a section.)

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Reclusion Perpetua
Foreigners are not allowed to own land in the Philippines and we have also a law that anything acquired by either spouse after marriage is conjugal property.

Technically, foreigners are not allowed to own the land but a condo or house, of course they can!

In this particular case, can the wife acquire a house and lot after she married a foreigner?

Of course Yes! because she hasn't change her citizenship status she is still a Filipino therefore she still have the rights to buy properties even if she has dual nationality Foreign citizen and Filipino citizenship.

We married in the Philippines and the house was acquired in Davao after marriage. I believe it was signed in both our names - in other words joint ownership of the house.

You should know if you sign any as part of this agreement, if you did sign something this would be just a part of the house not including the land.

If she signed for the property after marriage and she is a Filipino and I am not is the house hers alone or is it joint property because it was bought after we married?

The house will be conjugal but not the land.

Also what is the law regarding property owned by each person before marriage that is be owned in another country. Salamat.

Which country? Yours or hers?
If you are still not married at the time you bought the property in another country it will not be counted if it is not in the Philippines, anything you invested after the marriage i side Philippines are conjugal.

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