Property Condo ? Wait For Annulment. Any Tips ?

[Old55]

You bring up a good question. Is there some other country you could visit or go through in order to divorce your Filipino citizen wife? I would have bet you money you could just file the papers quickly in Canada.

 

Shol, don't beat yourself up too much on the fact that marriage did not work out. Most of us here have gone through that ring of fire time will heal the hurt. 

 

Don't sue her for adultery. You are a Foreigner she is Filipino its likely not going your way or for sure will be a big fiesta for all the kids on you my friend. Just let it go.

[Wrye83]

 

 

 

Hey there.   You can indeed own a property not just "land" and so the condominiums are not an issue except that there are laws here that seem to indicate that they wouldn't be yours "forever" per se. 

 

I can check in Hong Kong first time I heard that suggestion however I must be clear that I am on the final stages of the annulment so wouldn't it be better to just deal with that crap ?  If I was to attempt to file a divorice at thsi stage would then require some potential contact with my ex also.

 

Hear the judge out and see what he/she has ruled. You've already wasted the money so you might as well see the results and learn from it. If it doesn't go your way go back to your home country and file for divorce. While the Philippines doesn't have divorce they do honor dissolution papers from other countries. You will probably have to look around for a lawyer that will take the case on. I know a Canadian that divorced a Filipina he was married to in the Philippines so it is possible there. You should have no problem doing the same in the US. You don't need her permission or to even notify her of the divorce if she has "disappeared" (the key word for a lawyer is "abandoned"). It will be a long and expensive journey. Nothing you can do about that except learn from it. And for Pete's sake, don't buy any property while you are married! You would just be making things potentially more complicated by doing so. 

 

It sucks and it will be expensive but there is no other (legal) way to go about it. I was married to a FilAm and got a divorce but luckily I was married in the US and had no problems. My marriage cost me $18 and the divorce cost me around $1,800 for the lawyer and I had to pay the c*** off with $15,000 (which she blew through in less than 6 months....while living in the Philippines...and she was good at blowing many other things as well, not just through the money. Such a c*** she was, glad I got rid of her and it was well worth the $17000 to do it.). 

 

 

Thanks for this ;) Yes will do what you said wait it out since I blew the money already lol. 

 

I guess at this point I have the bargaining power in the sense that I could in fact sue her for adultery because her new lover and her for some reason went and publisized there affair and out of marriage baby.

 

As for the property was just trying to figure out if there was a way to own it but not own it :)  I know I could put it in someone else's name however that would then cause issues to transfer such as either when I want it under my name or  if god forbid something happens to the person who is doing that for me.

 

Anyway thanks again wry

 

 

I considered adultery charges while the x-wife and myself were married too (she had a child with some teenage Filipino while we were married) but I quickly decided that the sooner I had that **** out of my life the better off I would be. However, I did make it known to her that I would be more than happy to pursue a long, lengthy and expensive adultery case (and I made enough money and was willing to bribe everyone along the way to get what I wanted and she knew that) if she did not agree to my terms for the divorce and that I would arrange for her child to be in protective custody of her mother (someone she truly hates).

 

If I were you I wouldn't even bring it up to her if she is not fighting the annulment or dissolution of marriage. No need to make the situation any worse than it already is. You also might want to take the fact that she is a Filipino with lots of family into consideration. Any such threats could result in you needing to leave the country for your own safety (you don't fight the bean in the Philippines, you fight the whole burrito). My situation was a bit different as my x-wife was an American only by nationality and was hated by her entire family (her mother helped me out a lot during the divorce with support and legal advice in hopes that she would gain custody of her grandson....something that we were able to make happen in the end thanks to the x-wife just up and abandoning her child while she ran off to another city for a couple months, thankfully this happened for the benefit of the child). I feel your pain with marrying a real peace of....."work". 

[Shol]

 

 

 

 

Hey there.   You can indeed own a property not just "land" and so the condominiums are not an issue except that there are laws here that seem to indicate that they wouldn't be yours "forever" per se. 

 

I can check in Hong Kong first time I heard that suggestion however I must be clear that I am on the final stages of the annulment so wouldn't it be better to just deal with that crap ?  If I was to attempt to file a divorice at thsi stage would then require some potential contact with my ex also.

 

Hear the judge out and see what he/she has ruled. You've already wasted the money so you might as well see the results and learn from it. If it doesn't go your way go back to your home country and file for divorce. While the Philippines doesn't have divorce they do honor dissolution papers from other countries. You will probably have to look around for a lawyer that will take the case on. I know a Canadian that divorced a Filipina he was married to in the Philippines so it is possible there. You should have no problem doing the same in the US. You don't need her permission or to even notify her of the divorce if she has "disappeared" (the key word for a lawyer is "abandoned"). It will be a long and expensive journey. Nothing you can do about that except learn from it. And for Pete's sake, don't buy any property while you are married! You would just be making things potentially more complicated by doing so. 

 

It sucks and it will be expensive but there is no other (legal) way to go about it. I was married to a FilAm and got a divorce but luckily I was married in the US and had no problems. My marriage cost me $18 and the divorce cost me around $1,800 for the lawyer and I had to pay the c*** off with $15,000 (which she blew through in less than 6 months....while living in the Philippines...and she was good at blowing many other things as well, not just through the money. Such a c*** she was, glad I got rid of her and it was well worth the $17000 to do it.). 

 

 

Thanks for this ;) Yes will do what you said wait it out since I blew the money already lol. 

 

I guess at this point I have the bargaining power in the sense that I could in fact sue her for adultery because her new lover and her for some reason went and publisized there affair and out of marriage baby.

 

As for the property was just trying to figure out if there was a way to own it but not own it :)  I know I could put it in someone else's name however that would then cause issues to transfer such as either when I want it under my name or  if god forbid something happens to the person who is doing that for me.

 

Anyway thanks again wry

 

 

I considered adultery charges while the x-wife and myself were married too (she had a child with some teenage Filipino while we were married) but I quickly decided that the sooner I had that **** out of my life the better off I would be. However, I did make it known to her that I would be more than happy to pursue a long, lengthy and expensive adultery case (and I made enough money and was willing to bribe everyone along the way to get what I wanted and she knew that) if she did not agree to my terms for the divorce and that I would arrange for her child to be in protective custody of her mother (someone she truly hates).

 

If I were you I wouldn't even bring it up to her if she is not fighting the annulment or dissolution of marriage. No need to make the situation any worse than it already is. You also might want to take the fact that she is a Filipino with lots of family into consideration. Any such threats could result in you needing to leave the country for your own safety (you don't fight the bean in the Philippines, you fight the whole burrito). My situation was a bit different as my x-wife was an American only by nationality and was hated by her entire family (her mother helped me out a lot during the divorce with support and legal advice in hopes that she would gain custody of her grandson....something that we were able to make happen in the end thanks to the x-wife just up and abandoning her child while she ran off to another city for a couple months, thankfully this happened for the benefit of the child). I feel your pain with marrying a real peace of....."work". 

 

 

My big issue is although I am not a dumbass I was lured into a false sense of security based on my own success and allowed her to enter my comfort zone prematurely.   This resulted in undeserved trust and of course with my making excuses for obvious red flags.   (Which almost always related to value or money or perception of love vs how much money you spend or don't spend)

 

I have no children with her and no real obligation at this point no contact for years and like you I just want it to be over so your advice is being taken already and well heeded.   I just hate being held hostage at this point for moving on with my life lol

 

Thanks

[Methersgate]

You may as well see where the annullment gets to, but a law enacted under Macapagal-Arroyo provides that where a foreigner is married to a Filipino and obtains a divorce outside the Philippines, the divorce is recognised in the Philippines. The effect is that the Filipino partner is still seen as "married" (and is therefore unable to re-marry) but the foreigner is free to marry again, even in the Philippines.

I am aware of the "ownership" of condos, etc. Permit me to hoist and wave a large red flag. These schemes are all based on legal fictions and on trusts and the legal ownership invariably remains with a Filipino.

[chris49]

Skol. Annulment judgement will be positive.

 

Rease of the judgemt to you will be the hard part.

[Gratefuled]

Do you plan to remain in the Philippines?  Bad decision if you do. 

Why not just chalk it up to a big mistake by you and move on. Find a Filipina girl friend and just live in sin.  No need to try and remarry. If your new girlfriend insists on marriage find another one who doesn't. Lots of Filipinas and Filipinos live together out of wedlock. 

Many just want to the security that a foreigner offers and the possibility to get a spousal visa and live in a foreign country.

You will notice that I said "MANY"  not ALL Filipinas.

If that doesn't work for you then go to Thailand. GOOD LUCK

[Thomas]

Hey there. You can indeed own a property not just "land" and so the condominiums are not an issue except that there are laws here that seem to indicate that they wouldn't be yours "forever" per se.

What laws?    Or do you mean WHEN they are on LEASED land?  

I am aware of the "ownership" of condos, etc. Permit me to hoist and wave a large red flag. These schemes are all based on legal fictions and on trusts and the legal ownership invariably remains with a Filipino.

Is it??

I haven't checked condomiums any proper, because I don't want to live among people anyway  :)    but I have just happened to see some, when I have checked other things.

There are similarities with a COMPANY.  

/Foreigners are allowed to own max 40 % of the total of a company.

Of the total amounts of condomiums in a comdomium union, max 40 % can belong to foreigners.

/Foreigners CAN own LAND through company.  (Max 40 %).

I asume condomiums can be on BOTH owned (by the condomium union) and leased land.  In the LATER case, THEN the buildings can be lost when the long lease contract ends after 25 + 25 (?) years, if the land owner don't say ok to extend it again.

/Companies are owned for ever (as long as renewing permits and such) and can be inherited.

I don't know, but it would be odd if it isn't same for condomiums.  I mean for the REAL comdomiums. It wouldn't suprise me if some scam developers do something ELSE and CALL it "condomium", but have put some OTHER IMPORTANT text in the small print at the contract... 

You may as well see where the annullment gets to, but a law enacted under Macapagal-Arroyo provides that where a foreigner is married to a Filipino and obtains a divorce outside the Philippines, the divorce is recognised in the Philippines. The effect is that the Filipino partner is still seen as "married" (and is therefore unable to re-marry) but the foreigner is free to marry again, even in the Philippines.

Are you sure?

I don't remember if I read it at a law site (ADMIN post)/ official site,

or just a coment from a member at a (law) forum,

but I understood it as the foreigner is seen as unmarried OUTSIDE the Philippines, and CAN'T remarry in the Philippines.

[Chopper1050]

Why own property? What happens when you find out the quality of the building is sh&t? I watched them build, so I won't buy here.

[Thomas]

Why own property? What happens when you find out the quality of the building is sh&t? I watched them build, so I won't buy here.

In my case, because there aren't any houses I want where I want them to be   :mocking:

(There are almost no houses without neighbours, except haciendas (to expensive) and huts. I want something in between.)

So I will probably have to build to get what a want.

 

An advantage with building own is it's possible to see, during they build, if they try to build something bad.  If buy/rent then the bad parts can be hidden.

A disadvantage is trying to check the builders can give us grey hair if we don't have that allready   :lol:

Edited April 20, 2015 by Thomas

[Call me bubba]

interesting article from yahoo on ANNULMENT

 

https://ph.news.yahoo.com/much-annulments-cost-philippines-010015855.html

 

 

 

Annulment is a very sensitive topic, but unfortunately, it is the only option for Filipinos who feel trapped in a marriage. There is no divorce in the Philippines, making it the only country in the world without divorce laws in the books (unless you’re Muslim — and they comprise only 11% of the Philippine population).

While six out of ten Filipinos are in favor of the legalization of divorce, trying to pass a divorce bill in Congress is still difficult. A divorce bill filed in May 2014, House Bill 4408 authored by Representatives Luz Ilagan and Emmi de Jesus, is still languishing in the House Committee on Population and Family Relations almost a year later.

So for problematic marriages, the couple’s only recourse is annulment. The number of marriage annulment and nullity cases have been on the rise for years. According to the Office of the Solicitor General, in 2002, 5,250 couples sought marriage annulments or nullifications. In 2011, that number shot up to 9,133. And in 2012, a total of 10,528 cases were filed, or an average of 28 couples a day.

One major reason for lack of divorce in the Philippines is the availability of annulments. But annulments can be expensive. “Parties seeking annulment … require legal counsel for assistance in filing petitions and substantiating claims. Hence, annulment is widely considered a lengthy, tedious, and financially exhaustive procedure,” Senator Loren Legarda said in May 2014.

Read on to find out more about annulment basics and how much annulments cost in the Philippines.

What is an annulment?

An annulment of marriage annuls or declares no longer valid the marital union between a husband and a wife.

This is different from a declaration of nullity, which applies to marriages that are void from the start, such as a marriage between parties below 18 years of age (even with parental consent), bigamous or polygamous marriages, lack of authority of the solemnizing officer, of the absence of a marriage license.

Annulments are also different from legal separation, which allows the couple to live apart and separate their assets, but does not allow them to remarry — and they could still be charged with adultery or concubinage if they are caught with another partner.

What are the grounds for annulment?

According to Article 45 of The Family Code of the Philippines, there are 6 legal grounds for the annulment of a marriage:

• lack of parental consent (if either party is at least 18 but below 21 years old)
• psychological incapacity
• fraud
• consent for marriage obtained by force, intimidation, or undue influence
• impotence / physical incapability of consummating the marriage
• serious sexually transmitted disease

 

Of these, one of the most common grounds used is psychological incapacity.

How much do annulments cost in the Philippines?

The major fees involved in an annulment process are the following:

• Filing fees: P10,000 or less. The first step in obtaining an annulment is filing for a Petition for Annulment of Marriage before Office of the Executive Clerk of Court of the Regional Trial Court of the province or city you’ve been living in for at least six months. The filing fees can be under P10,000 if you have no properties you need to arrange for with your spouse.
•  
• Acceptance fees: P100,000 and up. This is the fee a firm will charge you for taking on your case. “Small firms usually charge a P100,000 acceptance fee,” says Atty. Kitzi Purugganan, a Manila-based legal consultant. “Bigger firms can charge up to three times that.”
• Pleading fees: P5,000 – P10,000 each (P100,000 total). Pleadings are the documents you submit in court, such as petitions, pretrial briefs, judicial affidavits, and others. Expect to have at least 10 pleadings, according to Atty. Purugganan.
• Appearance fees: P5,000 – P10,000 each (P70,000 total). An appearance is when the lawyer actually goes to court for a scheduled hearing. “In my experience, at least 7 appearances are needed for an annulment. That’s already a conservative estimate,” Atty. Purugganan says.
• Doctor/psychiatrist fees: varies. To file for an annulment on the grounds of psychological incapacity, you will need a psychological report from a doctor or psychiatrist to use in court as strong proof of psychological incapacity. “It’s best to get the doctor or psychiatrist to testify in court as well,” says Atty. Joyce Domingo-Dapat of the Law Offices of Domingo Munsayac and Associates in a

There are other costs not listed here, such as publication, transcript of records, and other miscellaneous fees.

At the very least, prepare “a budget of P165,000 to P200,000, all inclusive of the cost for the psychological report,” says Alexander Llanes Acain Jr., managing partner at Guzman Tanedo & Acain Law. This amount can skyrocket even more if the process drags on or you do not satisfy the requirements, leading to more pleadings and appearances and fees.

Compare that to a joint petition for divorce in Malaysia, where the total cost ranges from RM2,500 to RM5,000 (P30,590 to P61,000) and takes only three to six months.

Rep. Ilagan’s divorce bill, should it pass, promises that the divorce process will be 30-40% cheaper than an annulment.

 

How long is the annulment process?

“The processing time depends on the place where you will file the case. For instance in Quezon City, it will take 3 to 5 years to conclude a nullity of marriage case. While in Makati, Caloocan, Pasay, and, Pasig, it will take around 2 years,” says Acain.

He adds that processing time can be even longer if there are complications — such as if there are properties involved or there is an issue of the custody of the children. And of course, the longer it goes on, the more it will cost.

While it is illegal for both parties to jointly agree to nullify their marriage, Acain says that there are ways to make sure the process goes more smoothly. “The parties are not prohibited to enter a compromise in so far as their properties are concerned and custody of their children. I suggest that parties should agree on these matters before proceeding with the Nullity of Marriage,” he says.

 

Everybody dreams of a long and happy marriage, but sadly, not everybody gets to have it.

For now, annulments are the only legal way out for Filipinos who wish to dissolve their marriages.

And as you can see, they are prohibitively expensive for regular Filipinos who don’t even make P150,000 a year, much less can afford that in lawyer’s fees. So before you tie the knot, make sure you can work to make it last.

 

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