A Good Solicitor In Cebu

[Braddo]

Since my wife and I have sepperated the selling of the house and cars etc has been an up hill battle as my wife will sign a document then try to back out of it and change her mind all the time making life very difficult.

 

When some one would come to look at the house her Family who at the time were living on the premisess would say it was not for sale and getting them off the property was not going to be an easy task.

 

So I thought I would get legal advise and help from a Solicitor in Cebu as she would know all the legal formalites of removing the family

 

Well below is the contact details of this lady I found, she and her staff have been an appsolute blessing giving me advise on what I can do as a foregner and drafting up legal documents that my wife has signed and cannot back out of, the family has been given legal documents to vacate the property and they have now done so, even though the lady is a Filippino there is no favourtism to her country folk when it comes to legal advise

 

I would reckomend this Solicitor to anyone who needs advice or legal action

 

Cheers Braddo

 

  Atty. Kim Grace A. Mendoza

Skype ID :  kim.grace.mendoza
Viber (63)9228348060

SUITE 3E JL BLDG. DON JOSE AVILA ST, CAPITOL SITE CEBU CITY PHILIPPINES 6000

(back of Bo's Coffee-Capitol Branch, across Cebu Doctors Hospital)

SMART CEL. # (63)9088891964  GLOBE CEL. # (63)9165297428 SUN CEL. # (63)9228348060 

PLDT TEL. # (6332) 5112619 FAX NUMBER (6332) 2660516

 

 

[Jack Peterson]

Since my wife and I have sepperated the selling of the house and cars etc has been an up hill battle as my wife will sign a document then try to back out of it and change her mind all the time making life very difficult.

:unsure: OH! I wish I had 10 peso for each time this comes up here, We as foreigners always try and do our Homework before we take a plunge yet, it would seem, this is a grey area that non of us actual understand.

 

Divorce and I take it, that this is along the lines you are talking in the end is well, just not going to happen is it? if you got married in the PI. Even if you married in the western country where a Divorce is accepted by the PI, it will not change the Issue of land and marital splits here in the PI. Pre nuptials get torn to Shreds.

 

If the house is built on Land owned by your wife, I can't see any court in the PI, commanding her to sell it.

 

Even if it was an Annulment.

 

You may, have paid, to have the house Built but you built it, on land that was not owned by you. If it was leased land well, that's another story

 

If she doesn't want to sell then I think you need to rethink. One of the First things, any court will ask her is, "Are you here under your own free will" if she tells the court No, my Husband wants to sell the house but it is on my Land. then I think you may be spending money for moneys sake.

 

You talk in another topic about selling and starting Afresh, I can understand her Family's view on this and their wanting to stop it. In their eyes maybe you sell and do a runner leaving their Daughter, Sister with Nothing.

 

Any way, I am not a Lawyer and this is my Opinion only but having 1 or 2  friends in the same boat as you,

I can only tell you what has happened in their plight. The cases never even got to Court, they were told UH! UH! no way, You can't Force anyone to sell something as valuable as Land. It would be under Duress and that, we will not Tolerate.

 

Bearing in mind, that Land Ownership and Acquisition, is one of the Top Motives for Murder here. I would be very careful how you tread. For Me, If the Marriage is over, I would cut my loses and move on, just asking first, will you buy me out, on the House Cost? NO can't afford that, will be the answer I guess.

 

Good Lawyers are hard to find. If you have found a Good one, they will give you sound Legal advice but

I would be very wary of the family and close friends, not all, will play by the rules.

 

 Braddo, I wish you well on this.

You may well find that uphill Struggle will get steeper nearer the top.

 

One last thing, Is a Reconciliation out of the frame?  that of course, in a perfect world be the answer.

 

 

Morning All. :tiphat:  :morning1:

[Braddo]

My lawyer did up a legal document stating that I am in charge of selling the property for whatever to whoever and whenever I felt like it and that she would not contest the sale then all money's from the sale would first go to me to remburse what I had spent on the building and improvements on the property then if there is any money left I shall split it 50/50 with the wife I got her to sign this at the Philippine Embassy here in Brisbane and get the Red Seal and witenesed by the Consulate to make it legal document in the Philippines I now have a 24/7 guard living at the property to make sure nothing goes missing and her family do not return

 

After 8 years of marriage to I thought the perfect wife, building the houses to retire in setting up her sister in a sari sari store and internet cafe buying motor bikes for the others I then bought her 3 boys out to Australia in Decemeber and 2 days later the fights started and she moved out so I still have no reason from her why

 

Cheers

[Jack Peterson]

witenesed by the Consulate to make it legal document in the Philippines.

 

 

Signed Outside the Country, Can't see it myself but................If, Thats what they tell you,  :unsure:

 

 

The Philippines Government rarely, accept anything signed out side the Confines of the PI

Braddo, I hope it turns out well, and doesn't end in tears for you.

I think many of us, will watch with baited breath, for your updates

[Dave Hounddriver]

Jack and Braddo both have valid points.  In my experience, I have noticed that if the ex wife has the means and connections to hire an equally impressive lawyer then she will win.  Otherwise I have high hopes that things will work well for Braddo.

 

Best of luck

[Jack Peterson]

witenesed by the Consulate to make it legal document in the Philippines  

 

 

Just in addition Braddo, My Wife has just reminded me of a very similar case to yours. A German guy Living next to her mamas, was trying to do the same as you. In desperation for her daughter, who was in Germany at the time and having a bad time, with the estranged husband. Got an Interim Protective, Power of attorney from a Philippine Court, so any sale, could not go through. In the end, the Mother dealt with all things. The German Died and the house was Sold, to a Family member.

 

 I quite understand your sincerity on this but it is well that you be aware, things can be going on here, in the PI that you may well not, be able to do anything about.

 

As I say, I really do wish you well, but please be on your guard and talking about guards, remember my friend, they can  be bought or Persuaded   :unsure:

 

 

 

:tiphat:

[Thomas]

If the house is built on Land owned by your wife, I can't see any court in the PI, commanding her to sell it. Even if it was an Annulment. You may, have paid, to have the house Built but you built it, on land that was not owned by you. If it was leased land well, that's another story

Yes. That's why I plan to try to have land ownership separated from house ownership  (long time lease).   But I haven't checked if it will function  - and I hope I will never need to   :)     - but at least it would make it some harder for separating wife to just take the house.

Bearing in mind, that Land Ownership and Acquisition, is one of the Top Motives for Murder here.

Yes. So perhaps better to COMBINE the House/land ownership leasing deal, with a WILL where Filipin family get as litle as possible if I my death is suspicious - and let the family-in-law know it. I think of saying something like this:

-I DON'T suspect you, because if I would I would't marry you, but because several foreigners have been fooled and even murdered by Filipina gf/wifes, I have let a lawyer make documents so you will get almost nothing, if I die a suspicious death  - so you better keep me alive   hehe       By this I can relax and don't need to be any suspicious of you, which I don't want to be, because even IF you would like to fool me, I'm more worth alive than  dead for you    :)

And pick a clever enough wife to understand it.

And specialy if the family-in-law believe in wak-waks, then such can be mensioned too - "if you murder me, I will come back as ghost, with my ghost friends, make sure your life will be hell"  :dance:  

Good Lawyers are hard to find. If you have found a Good one, they will give you sound Legal advice but I would be very wary of the family and close friends, not all, will play by the rules.

Yes. Preferable if the lawyer live rather far away, so the family-in-law surely don't know him/her and have far to go there.

[Old55]

Thanks for the lawyer information Braddo. It pains me when I read stories like your I hope it ends well you deserve better..

[Thomas]

Braddo, I hope it turns out well, and doesn't end in tears for you.

My lawyer did up a legal document stating that I am in charge of selling the property for whatever to whoever and whenever I felt like it and that she would not contest the sale then all money's from the sale would first go to me to remburse what I had spent on the building and improvements on the property

Divorces are normaly sad, but at least you have made it harder for her to fool you  :thumbsup: :thumbsup: :thumbsup:  

In my experience, I have noticed that if the ex wife has the means and connections to hire an equally impressive lawyer then she will win.

But even IF she winn in court, it take long time and cost her much money.

And IF she winn, and if you are safe abroad, you can let  your house be demolished  :bash:  so she don't winn much  :mocking: 

[Dave Hounddriver]

But even IF she winn in court, it take long time and cost her much money. And IF she winn, and if you are safe abroad,

 

Is that your experience or just a 'best guess' because my experience, from watching it happen to people I know, is that 'she' will often (but not always) get possession while it is taking the long time and that if you go abroad you lose instantly (houses have been sold out from under foreigners who are not in-country under the premise that it doesn't matter as he cannot own land here anyway).  Interestingly, a lawyer relative of my ex just finished a 1 year disbarment for assisting in the sale of such a property while the foreigner was out of country.  That means there is a slap on the wrist to lawyers who participate in such deals but the house is still gone.  Just to reiterate, this is when she gets herself a high priced lawyer.  But, you may say, she has no money to get one.  Amazingly enough, another foreigner or even a richer filipino will often come to the aid of the 'beautiful damsel in distress' and play 'white knight'.