Who Owns What

[stevewool]

Just asking for advice ,

The house we have just paid for to be built is on the land owned by Emma's dad , its just one building on the land but we could build 2 apartments too,

The old family house was knocked down so he lives in the new build,

The land was brought by the mum and dad years ago and now her mum has gone its all her dads,

I am wanting the deeds or what ever they are called to go 60% to 40% in favor of Emma, so the dad can leave something to the rest of the kids,

I would love to have 100% but i dont think he will do that, but i have not asked either,

Would i be to cheeky  asking for the while 100%, once we will be there it is our money that will keep him for the rest of his life ,

The rest of the family have told Emma that they dont want anything to do with the house because we have paid to build it, but thats the house , nothing has been mentioned about the land its on, all i get is they have gave us there word, but where cash is concerned its better to have it written on paper in my eyes,

So can Emma's dad and Emma  go to a solicitor and get the deeds changed if they are both willing .or do the rest of the family have to sign there permission too,

As always Emma is quite happy just to live and let live, but with what has happened with the Sisters husbands i am sure they will see CASH signs and may cause trouble ,then again i could be wrong too

[Jack Peterson]

 Steve this is going to be Very Complex and I don't  think any of us here understand the Law or are qualified to give an Answer, However to me just as a one off, You knocked down the fathers House and rebuilt so now he has a new one, I really think you will find it is his.

The Laws of Inheritance are a complete Minefield and can be very troublesome, it is easy for Family to say OH! it's OK Blah Blah Blah Until...... Then it is too late.

Whatever Emms is going to do, best it is done ASAP

 

Best I can offer Mate apart from Watch your Backs.

Harsh? No mate. Statistics show that Land acquisition problems is way up top in Philippines Death rates. (Murder)

[stevewool]

I understand Jack, thank you

[Jollygoodfellow]

I would say legally if the titles are in the father's name then he can choose to hand the property to your wife for a token sum and get the proper paper work done, perhaps pay a bit tax and a few fees but would not think one could just have the titles changed but could be wrong.

Either way what is said amongst family today means jack shit when the crunch comes so either tie up loose ends or take what comes further down the track. Also I'm sure you know you can own the house but not the land it sits on so any title change will be in your wife's name.

[stevewool]

The future comes to us all, its trying to plan now like you are saying, money and family dont mix so thats what i am trying to sort out for the wife, but she seems to think that the family wont do anything wrong , we shall see

[Dave Hounddriver]

Who Owns What

 

That is always the question, even if you have all the legal paperwork the relatives still have years to dispute any land claims.  I was listening to a big time local subdivision developer tell of all the people coming out of the jungle to make claims after he had purchased the land to build his subdivision on.  For most of the claims, so long as they were reasonable, he just paid them off and called it business as usual.  The very few unreasonable claims will go (are going) to court and he fully expects to win but it takes time.  If I understood correctly, a person could buy one of the disputed lots at a discount provided you wait until the dispute is settled before building on it.

 

So if even big time, rich, local developers have problems with land claims then I would count on that being the norm and reserve an amount of cash to either pay them off or fight the legal battle.

[stevewool]

So if even big time, rich, local developers have problems with land claims then I would count on that being the norm and reserve an amount of cash to either pay them off or fight the legal battle.

 

Or walk away

[RonHenk]

My wife and I purchased a sizable lot and built a house on it in 1998 when we still lived in the US. Because we were in the US and she was not there at the time. She had it placed in my MIL's name. When we moved here last year, one of the first things I had my wife do was to put the house and property in her name. A Deed of Sale was drawn up by a lawyer for a reasonable sum. Even though no money changed hands. The whole family knew the property was ours (hers). Even so, all of the siblings, 2 brothers and 5 sisters, had to sign off on the Deed of Sale before the title could be transfered. Six months and over a $1000 in fees and taxes later the title is now in her name.

Edited February 21, 2016 by RonHenk

[stevewool]

My wife and I purchased a sizable lot and built a house on it in 1998 when we still lived in the US. Because we were in the US and she was not there at the time. She had it placed in my MIL's name. When we moved here last year, one of the first things I had my wife do was to put the house and property in her name. A Deed of Sale was drawn up by a lawyer for a reasonable sum. Even though no money changed hands. The whole family knew the property was ours (hers). Even so, all of the siblings, 2 brothers and 5 sisters, had to sign off on the Deed of Sale before the title could be transfered. Six months and over a $1000 in fees and taxes later the title is now in her name.

Thank you

[Old55]

Steve, after watching a number thefts, sales and family fights of our extended family members the past nearly 20 years I suggest you don't go forward with this property. Once you guys move over and settle in then go out and buy a property. But one that has no connections to the family, none. Just my opinion.