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Property Relations - ADVICE NEEDED ASAP

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1 Property Relations - ADVICE NEEDED ASAP on Sat Dec 07, 2013 3:05 pm


Arresto Menor
Help! I need legal advice on this asap. My friend Isabel, a Filipino then, married naturalized American Danny (a former Filipino) in 2006 in the Philippines. No marriage settlement was executed. Thereafter, they acquired a lot located in the Philippines. Then they went back to the US. After five years, Isabel became a naturalized American. Last year, she filed for divorce in California choosing the option "not asking for spousal support and vice versa." Now, she wanted to buy the whole lot from Danny by paying him half of the lot's current market value.

The question is, what law will apply over the sale of a former conjugal property owned by naturalized Americans (former Filipinos) who are now divorced? If Philippine laws will apply under the principle of lex situs, how and where can they execute the deed of sale and the registration of the lot in Isabel's name considering that both are currently living in California?

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2 Re: Property Relations - ADVICE NEEDED ASAP on Mon Dec 09, 2013 5:24 pm


come on, this is obviously home work. the question forgot the part where the divorce is required to undergo a petition for recognition in the ph, not to mention dissolution of the conjugal properties should already have been settled in the divorce proceedings.

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3 Thank you on Tue Dec 10, 2013 1:08 am


Arresto Menor
Thank you for the reply but nope, this is not a homework. This involves real people; I just changed their names for obvious reasons. The divorce decided in California did not include the dissolution of their conjugal property because Isabel did not declare in her petition for divorce that they have a conjugal property in the Philippines. They do not own conjugal properties abroad. The problem is, Isabel want to buy the lot from Danny so she can register the same in her name only, now that she is back to "single status". She does not know how so she's asking for my help; but I do not know how either. That is why I am seeking your "free legal advice" on the matter because I cannot afford a lawyer. I am just a student.

The next question is, how will she go about the proceedings you have mentioned in your reply? Can she appoint an attorney-in-fact here in the Philippines to file the petition for recognition of the divorce on her behalf? How about the deed of sale? Can they execute that abroad, and will it be validly recognized here? Her plan is to pay the former husband $2,000 for 15 months. So, I think there is also a need for a conditional deed of sale as a sort of security for both parties. Can they execute that abroad without having the document notarized? Thanks again.

Last edited by sally1007 on Tue Dec 10, 2013 1:10 am; edited 1 time in total (Reason for editing : grammatical error)

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