How would you safeguard your property in the event of a split with your other half.

[sonjack2847]

I have heard of another expat who built a house and 5+ apartments.He has now split with his girlfriend and fears he has lost it all. Are there any steps people can take to guard against this.For instance could an expat hold it in trust for somebody? Are there any other methods which could be successfully used.It would be very interesting to read your experiences and views.

[RBM]

6 hours ago, sonjack2847 said:

I have heard of another expat who built a house and 5+ apartments.He has now split with his girlfriend and fears he has lost it all. Are there any steps people can take to guard against this.For instance could an expat hold it in trust for somebody? Are there any other methods which could be successfully used.It would be very interesting to read your experiences and views.

Kevi IMHO if the separation ends with bitterness and the partner and family want the long nose out its almost impossible to win. I know of just one case where a foreigner was able to dismantle his house which he did after separation. Before the construction he had papers drawn up that gave him this rite.

In my case my name is also on the titles, plus I have POA over the land and a separate registered agreement drawn up by an attorney which gives me the right to reside in the house indefinitely should we part.

Still I am aware if the situation turned to custard with bitterness my position would be undeniable. I would need to depart.....What I have done may seem to many to be most untrusting of my partner however for myself it's a  prudent necessary precaution.

I am also aware in many cases in spite of what I have done if ever there was a case many judges would deem I have acted against the spirit of the law which expressly states Foreigners can not own or control land. Guess it's a series of road blocks but little else.

More positive news is I do know of cases where a judge has been fair and ordered the selling of property with proceeds being split. This would be how ever quite difficult I imagine.

 

6 hours ago, sonjack2847 said:

I have heard of another expat who built a house and 5+ apartments.He has now split with his girlfriend and fears he has lost it all. Are there any steps people can take to guard against this.For instance could an expat hold it in trust for somebody? Are there any other methods which could be successfully used.It would be very interesting to read your experiences and views.

 

[Gary D]

I think the best advice is to never buy property for a girlfriend unless you are happy to walk away when it goes south. A girlfriend asking you to buy to me would be a big red flag. 

[stevewool]

13 minutes ago, Gary D said:

I think the best advice is to never buy property for a girlfriend unless you are happy to walk away when it goes south. 

This is the best advice ever, I was told this when I first joined here, and yes over the years I have spent a few bob and yes if I had to walk away from everything ,I can with cash in my pockets still.

[RubberChicken]

It’s my Philippines happiness rule! Can I walk away? “yes” 

happy

 

 

[Arizona Kid]

39 minutes ago, RubberChicken said:

It’s my Philippines happiness rule! Can I walk away? “yes” 

happy

 

 

Maybe better advice would be to not get involved in the first place. If you don't have connections here and enough money to grease some palms..forget about it. I remember a story from Perry Gamsby years ago that he wrote about how he lost $7,000.00 in a partnership for a restaurant. The local Govt. ran him out of money and he had to go back to Aussie land.

[Snowy79]

I think the best you can look at is a 50/50 financial split. Have it documented where the money to build came from and with luck a judge will act with leniency. 

I've seen previous comments where others have suggested that maybe marriage isn't the way ahead if you don't trust your partner. Mind you they were probably already divorced from the love of their life and taken to the cleaners. 

I'd cover my butt if I was marrying an angel. Time changes relationships here in my opinion.  The mask slips or families wield their influence. 

 

[Huggybearman]

I believe the simple answer is to have a formal lease agreement whereby you lease the property from your girlfriend. This can be the standard 25 year lease (or is it 30 years?) with an automatic renewal for a further 25 years. It can be for a nominal rent, the actual amount does not matter.

This option is not available to a married couple who cannot lease a property between themselves.

I did hear very recently that the law has recently changed with regards to property owned by married couples which apparently gives more rights to the foreign partner if the majority of the funding has come from them. But that is just anecdotal, I have not seen anything in black and white.

Ken

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[Gary D]

Yes I believe you can lease from a girlfriend but I don't know if my nerves would stand it everytime a motorcycle goes pass if we had split up.

[Clermont]

One way we have looked at is, if wanting to live in the PI's is, let the wife/girl friend buy it her name as long as she is working and contributes to Pigabig  banking. If the relationship goes south all you've  lost is the deposit.  The repayments are her responsibility, don't sing a thing.