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I want to know about my house I bought?

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1 I want to know about my house I bought? on Wed Apr 25, 2018 10:15 am

MrPieElsa


Arresto Menor
Hi everybody,
I have a Philippino wife. I am a foreign people. I lived in the Philippines almost 5 years. I gave my wife money and she bought a house. But now, she doesn't allow me come in.
I want to know I can get back my house?
Thanks so much!

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2 Re: I want to know about my house I bought? on Wed Apr 25, 2018 2:16 pm

thepoetsedge

avatar
Reclusion Perpetua
Yes, you should be allowed to live in the house you and your spouse bought with your conjugal funds.

It is assumed under the Family Code that spouses are under a conjugal partnership of gains, meaning all the properties that were bought during the lifetime of the marriage belongs to both spouses. Hence, your wife has no right to bar you from the premises of your conjugal home.

What is the reason why your wife is barring you from entering your home?

Ask the help of the Barangay Officials if your wife cannot be reasoned with. Try to undergo barangay conciliation procedure with your wife so that you two can talk properly in a neutral environment.

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3 Re: I want to know about my house I bought? on Wed Apr 25, 2018 6:34 pm

arnoldventura


Reclusion Perpetua
At the very least, you should have applied for the tax declaration over the HOUSE be issued in your own name, because you would not have any right of ownership over the LAND where it is situated. Ownership of lands here in the Philippines is reserved only for Filipino citizens, or corporations with at least 60% Filipino ownership. https://www.alburovillanueva.com/land-titles-property-dealings Foreigners would not be allowed to possess any ownership rights over the land, and it would not even be considered as conjugal pursuant to the Supreme Court decision in Cheesman vs. IAC (GR No. 74833). It was declared in that decision that "[i]f the property were to be declared conjugal, this would accord to the alien husband a not insubstantial interest and right over land, as he would then have a decisive vote as to its transfer or disposition. This is a right that the Constitution does not permit him to have."

Though you cannot own the land, you can own the house nonetheless. Therefore, the best way for you to be registered as its owner is to have the tax declaration over the house (improvements) be issued in your name. Moreover, you have a right to live in it. Article 71 of the Family Code is explicit when it provides that "[t]he management of the household shall be the right and the duty of both spouses." You will never be able to manage your household if in the first place you are excluded from living in it. In this regard, I agree with thepoetsedge that you would need the help of the Barangay Officials if your wife cannot be reasoned with.

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4 Re: I want to know about my house I bought? on Thu Apr 26, 2018 12:08 pm

thepoetsedge

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Reclusion Perpetua
I concur with sir ArnoldVentura's post. He is right, foreigners cannot own land here in the Philippines. That is why the land is named under your wife.

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5 Re: I want to know about my house I bought? on Tue May 01, 2018 7:44 am

attyLLL


moderator
mrpieelsa, next time a condominium unit would be better. IMO, you have no rights over the property, and forcing yourself in may make you liable for RA 9262


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