Joey G Posted May 24, 2023 Posted May 24, 2023 1 hour ago, "P2" said: Do they do home inspections on the house as part of the selling/buying process or is the house sold "as is"? Short answer... comparing the USA process to the Philippines is like comparing water to whiskey. Also, take this into consideration... there also is no Title Insurance in the Philippines like the USA. So buyer beware... because you never know how the previous title transfer was made... and if they didn't get ALL the right signatures to agree on title transfer... you can end up back in court with siblings and relatives trying to get a piece of the action. It's complicated and lawyers here love it the away. Ask me how I know... Link to comment Share on other sites More sharing options...
Dave Hounddriver Posted May 24, 2023 Posted May 24, 2023 7 hours ago, hk blues said: I wasn't aware folk would buy a house but not the land it's build on. Yes. It's reasonably common. Larry, (R.I.P.) built a brick house in Valencia on rented land and had no trouble. A German Canadian (whose name escapes me) built one on rented land in Sibulan. In this case the "land"lord came by once a month to collect and was too chummy for my liking. Then there is Jimmy in Bacong who rented a cheap and crappy house/land with the negotiated agreement to lease it for life and the ability to build up the house to whatever standards he likes. The house is beautiful now and the rent is still the same (10k a month I think). Of course, these are just anecdotal instances designed to show that it is reasonably common. Sometimes it works well and sometimes there are headaches attached. 3 1 Link to comment Share on other sites More sharing options...
Snowy79 Posted May 24, 2023 Posted May 24, 2023 41 minutes ago, Rooster said: If it came to that, no problem. I'll just move in with one of my girlfriends, downgrade my 13A to a 9A Tourist Visa & apply for an SRRV. LOL Laws were changed years ago Bro regarding leasing property from your spouse. I had the 25 year Lease, renewable at my discretion for another 25 years. Leasing conjugal property to a husband or wife is no longer allowed The Philippines. The contract will be voided which is why Expats now are amending their Titles to owning The house and any structures on the land can be owned by the foreigner husband. I suggest you speak to a reputable Attorney, Your Scottish Mindset needs to be updated to current law. LOL https://www.alburolaw.com/persons-disqualified-to-become-lessees/ Fully aware of being unable to lease from your wife but do know of two people in the situation I described. One an Aussie and one an American. Another American I was with today his partner has been trying to get him deported for the last 7yrs. he has a corporation here worth a lot of money including a hotel on Boracay. He's had numerous court cases against him and is still fighting her, fortunately he has friends in high places stopping his deportation until the court cases are settled but he's in his 70's now and not the best of health. A good reason to lease land in your name and build a house instead of buying land in your wife's name. Sure it will be matrimonial property but without you there paying the lease if things head South you have some protection. Most of us have previously married the love of our lives and divorced a complete psycho remember. 2 Link to comment Share on other sites More sharing options...
Joey G Posted May 24, 2023 Posted May 24, 2023 4 hours ago, Rooster said: The Land Title is in her name, on the Title it Indicates I am the owner of the House. It states the House & Lot can't be sold, rented, occupied, etc. without my Concurrence. Note to OP.... the example Rooster's quoted is a good example why comparing USA and Philippine Title laws are useless. There is no way a USA Land Property Title could ever have such caveats attached to it. Even leasehold property in the USA, which is used in some states like Hawaii, couldn't be that specific. Not saying what you should or shouldn't do... just know that everything you experienced in the USA regarding property, titles, purchasing, etc. has no relevance in the Philippines. 1 Link to comment Share on other sites More sharing options...
Kingpin Posted May 24, 2023 Posted May 24, 2023 5 hours ago, Rooster said: there are huge Developments where the house and lot are sold together. I'll clarify, there are 'pocket subdivisions' and other low-end developments from Camella or Deca etc where you can choose one of their three tiny choices for a house. These tend to fill up quicker with cookie-cutter houses because they're so cheap. I was replying to "they seem to start developing a neighborhood/gated community with relatively larger houses but when you "Google Earth" them it looks like they all stopped and there are only a handful of houses built. What happened?" In these large developments, with large lots and houses, you buy the land, and then - if you want, and whenever you want - you find and hire the builder. 3 hours ago, Rooster said: Expats now are amending their Titles to owning The house and any structures on the land can be owned by the foreigner husband. Best case scenario, the judge reminds you the land is hers and will force the house sale so you can split the cash. And that's if you're lucky. 4 hours ago, Rooster said: If it came to that, no problem. I'll just move in with one of my girlfriends, And go to prison for concubinage. 5 hours ago, Snowy79 said: 13A cancelled, back onto a tourist visa The good news is 13A is permanent and can't just be cancelled by a wife. Link to comment Share on other sites More sharing options...
Kingpin Posted May 24, 2023 Posted May 24, 2023 (edited) 6 hours ago, Rooster said: on the Title it Indicates I am the owner of the House. It states the House & Lot can't be sold, rented, occupied, etc. without my Concurrence. 2 hours ago, Joey G said: There is no way a USA Land Property Title could ever have such caveats attached to it. A Filipino judge will react the same way you did, those scribbled notes mean nothing in court. The land title includes the land and anything on it (unless there is a formal lease contract, which isn't allowed between husband and wife). Edited May 24, 2023 by Kingpin Link to comment Share on other sites More sharing options...
Popular Post Dave Hounddriver Posted May 24, 2023 Popular Post Posted May 24, 2023 57 minutes ago, Kingpin said: The good news is 13A is permanent and can't just be cancelled by a wife. Gotta call BS on that. Seen that exact scenario many times. 6 Link to comment Share on other sites More sharing options...
Kingpin Posted May 24, 2023 Posted May 24, 2023 1 hour ago, Dave Hounddriver said: Gotta call BS on that. Seen that exact scenario many times. Only if the pulis get involved and reports are filed against the husband. If those reports aren't valid, there are legal repercussions against the wife. Beyond that, only legal annulment (not just separation) or divorce revokes a 13a. Link to comment Share on other sites More sharing options...
Lee Posted May 24, 2023 Posted May 24, 2023 (edited) 4 hours ago, Kingpin said: The good news is 13A is permanent and can't just be cancelled by a wife. Here is the official memorandum on this subject. Appears to me that all a Filipina spouse would have to do is move out of the house to invalidate a foreigners 13A Visa. Reading suggests that a TRV might be issued at this point. IMMIGRATION MEMORANDUM CIRCULAR NO. SBM-2014-009 GUIDELINES FOR REVOCATION OF NON-QUOTA IMMIGRANT VISA UNDER COMMONWEALTH ACT NO. 613, SECTION 13(A) OR TEMPORARY RESIDENT VISA In accordance with Opinion No. 52, series of 2013, issued by the Secretary of the Department of Justice (DOJ) on 17 June 2013 concerning the interpretation of Section 13(a) of Commonwealth Act (C.A.) No. 613, otherwise known as the Philippine Immigration Act of 1940, as amended, and the application thereof on Temporary resident Visa (TRV under Law Instruction 33 and Memorandum Order No. ADD-01-038, the following guidelines shall be observed: 1. The dissolution of marriage by declaration of nullity, annulment, legal separation or separation de facto between the foreign husband and Filipino wife shall operate as a ground for the revocation of the foreign husband’s Non-Quota Immigrant Visa under C.A. no. 613, Section 13(a) . https://immigration.gov.ph/images/MemorandumCircular/MemoCircNo.SBM2014-009.pdf?fbclid=IwAR1t7nn713yumPkbHET8wcTzpXkRsIHKUfqTBwl-uTU91V4iQzMCuBRl8W4 Edited May 24, 2023 by Lee clarification 2 Link to comment Share on other sites More sharing options...
Forum Support Mike J Posted May 24, 2023 Forum Support Posted May 24, 2023 36 minutes ago, Lee said: The dissolution of marriage by declaration of nullity, annulment, legal separation or separation de facto between the foreign husband and Filipino wife shall operate as a ground for the revocation of the foreign husband’s Non-Quota Immigrant Visa under C.A. no. 613, Section 13(a) . Interesting that that they wrote "foreign husband" instead of "foreign spouse" and "Filipino wife" instead of "Philippine spouse". As written the opinion is clearly biased against foreign men. Does this mean that a Filipino man married to a foreign wife can kick her to the curb, cancel the 13A, etc? Inquiring minds would like to know. 1 1 1 Link to comment Share on other sites More sharing options...
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