Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

My husband was married in the Philippines, he got divorced in the USA

View previous topic View next topic Go down  Message [Page 1 of 1]

Mtsyacapin


Arresto Menor
My husband was married in the Philippines 30 years ago,he got divorced in the USA. Then we got married in the USA. Can we get married in the Philippines? Do we have rights to each other's property in the Philippines? Thank you.

View user profile

AWV


Reclusion Perpetua
Did he forward the divorced papers in the Philippines for recognition? If not and he wants to go back in the Philippines he is still technically married to his previous wife.
What is your nationality and his nationality now? if American alone he needs to have dual nationality in order to have rights to buy properties.

View user profile

Katrina288


Reclusion Perpetua
Mtsyacapin wrote:My husband was married in the Philippines 30 years ago,he got divorced in the USA. Then we got married in the USA. Can we get married in the Philippines? Do we have rights to each other's property in the Philippines? Thank you.

What was your husband's nationality when he divorced his wife while he was in the USA?

If Filipino, that divorce is not valid here in the Philippines.

If he's an American citizen (but formerly a Filipino citizen at the time of his first marriage) at the time that he divorced his wife, then he should have the divorce recognised here in the Philippines kasi hindi po yun automatic.

View user profile http://www.kgmlegal.ph

Mtsyacapin


Arresto Menor
He is a U.S. citizen now. He didn't forward his divorce paper in the Philippines. I'm deeply concern because he has a property on his own and I have mine on my own too. Do we have rights to each other's properties?

View user profile

Katrina288


Reclusion Perpetua
As I said in my first post, ask your husband if he is a filipino or american citizen when he obtained the divorce there in the USA 30 years ago. That is a critical piece of information. It will determine whether or not the divorce is valid. Once you're able to find out the answer to the question, kindly post it here so that we'd be able to answer your other questions.

Thanks,
Atty. Katrina

View user profile http://www.kgmlegal.ph

Mtsyacapin


Arresto Menor
Mam, he is a US citizen already during the time of his divorce. He is not a dual citizen when we got married. If ever he will apply for duo citizenship, will he have rights to my property? Thank you Atty. Katrina

View user profile

AWV


Reclusion Perpetua
Mtsyacapin wrote:Mam, he is a US citizen already during the time of his divorce. He is not a dual citizen when we got married. If ever he will apply for duo citizenship, will he have rights to my property? Thank you Atty. Katrina

If he is an American citizen and married to you, of course he has rights to your properties as conjugal, but he can no longer own a land under his name because he is no longer Filipino he doesn't have the same privilege like when he was Filipino.  He can only own a condominium for example. He can only own a land again if he obtain dual nationality. In other words you will stand as his sponsor if he wishes to buy any land it has to be registered under your name and he is just 'partner of'
To answer your plan getting married in the Philippines again, there's no point for that as in the Philippine law you cannot marry the same man twice! Your marriage under American law is already valid anywhere in the world. Unless its a church marriage.

View user profile

Mtsyacapin


Arresto Menor
Do I have the right to his property before our marriage?

View user profile

Katrina288


Reclusion Perpetua
Yes, your husband can still own properties subject to limitations:

ACQUISITION BY FORMER NATURAL BORN FILIPINO CITIZEN

1. Mode of acquision is not limited to voluntary deeds (such as sale or donation) but includes involuntary deeds (such as tax sale, foreclosure sale, or execution sale).

2. Maximum area that may be allowed is as follows:
a.. For residential purpose - 1,000 square meters of urban land or one (1) hectare of rural land (BP 185)
b.. For business or other purpose - 5,000 square meters of urban land or three hectares of rural land.

"Business or other purpose" refers to the use of the land primarily, directly and actually in the conduct of business or commercial activities in the broad areas of agriculture, industry and services, including the lease of land, but excluding the buying or selling thereof."

3. In case of married couple, one or both of them may avail of the privilege, provided that the total acquisition shall not exceed the maximum area allowed.

4. A transferee of residential land under BP 185 may still avail of the privilege granted under RA 8179.

5. A transferee who already owns urban or rural land for residential purpose, may acquire additional urban or rural land for residential purpose which, when added to that already owned by him shall not exceed the maximum area allowed by law.

The same priviledge applies to a transferee who already owns urban or rural land for business purposes.

6. A transferee may not acquire more than two urban or two rural lands which should be located in different cities or municipalities.

7. A transferee who has already acquired urban land for residential purpose shall be disqualified to acquire rural land for residential purpose and vice versa. The same rule applies to a transferee of land for business purpose.

Dual Citizens

Dual citizenship means having two citizenships and passports from two different countries. Dual citizenship allows the citizenship holder full rights of possession of Philippine real property. This is a new law and it is still unclear as to the procedures involved to implement it. Dual citizenship is now available for the following:

Former Filipino citizens born in the Philippines , who have immigrated to another country and obtained citizenship of that country.

Note: For former natural born Filipino Citizen, please visit the Philippine Embassy in your country for more information or to apply for Dual Citizenship.

Yes, he can inherit from you. But, he should have his divorce papers recognised here in the Phiippines through a court action. After which, you can have your marriage registered here in the Philippines. Kasi, although your marriage in the U.S. is valid, the Philippines does not have a divorce law. This is why your husband has to undergo a recognition of divorce process.

And with regard to your right to his property before your marriage [to your husband], this will depend on the marriage settlement/property relations between you and him.

View user profile http://www.kgmlegal.ph

AWV


Reclusion Perpetua
Mtsyacapin wrote:Do I have the right to his property before our marriage?

If he didn't forward his divorced papers for recognition, technically he is still married to the first wife under Philippines jurisdiction this will endanger him for committing bigamy if he marries you under Philippine law. And if the previous wife is aware of her rights because the divorced is not finalised yet in the Philippines, she will have a chance to claim part of his properties. And any properties he has before marrying you is still link to his previous wife if the divorced is not recognised and finalised yet under Philippines jurisdiction.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum