Who owns the property when your dead

[Mike J]

53 minutes ago, spaul said:

They are all trying to get their own individual Title for their piece of property and they are still waiting.

We are going through the same process.  My wife has been working on this for six years.  The owners of the original common lot gave her power of attorney to proceed in their stead.  She has flown to Manila twice, many more trips to Cebu City, our attorney in another town, other government agencies, etc.  There have been three separate surveys of the devided lots.  Multiple court dates canceled due to vacation or personal time by judges.  The court dates are then rescheduled months into the future.  And this is just for the main title.  As you know, only then can the lot owners begin the process of obtaining title for our lots.  I told the wife that to knowledgeable buyers a clean, clear, current title should increase the value of our place by 25 or even 50 percent.  

[spaul]

I meant to say we have a Deed of Absolute Sale and not Proof of Purchase.

[JJReyes]

On 6/10/2024 at 8:31 AM, Viking said:

So if I understood this right, there is a difference how this works depending on if you are a Philippine citizen OR a former Philippine citizen?

Yes.  Former Philippine citizen can own urban or rural property, but the amount is more limited.  My recollection is 2,000 square meters for urban land.  There is also a limit for everyone on the number of hectares of agricultural land dedicated for certain crops like rice, corn, coconuts.  All kinds of rules and constant changes. 

[Viking]

2 hours ago, JJReyes said:

Yes.  Former Philippine citizen can own urban or rural property, but the amount is more limited.  My recollection is 2,000 square meters for urban land.  There is also a limit for everyone on the number of hectares of agricultural land dedicated for certain crops like rice, corn, coconuts.  All kinds of rules and constant changes. 

Thanks, but I was aware about that part.

I was more thinking of when you said that your kids could inherit your land but NOT your wife.

Others have said that a foreign spouse could inherit land from their wife if she's a Philippine citizen.

I haven't found anywhere if there is a difference between a Philippine citizen and a former Philippine citizen regarding the spouse right to inherit.

My wife is also a former Philippine citizen and she have a house there. Just being curious how things will be in the future since she's nine years older than me and have a daughter from a former marriage.

I am not really interested in the house but it is always good to know how things should be before the shit hits the fan. Hopefully this won't happen anytime soon 🙏

 

[gbmmbg]

14 hours ago, spaul said:

original Title because it is a 4800 sq/m piece of property that was divvied up between them. They are all trying to get their own individual Title for their piece of property and they are still waiting. It's probably going to be a while. We bought the house and 300 sq/m of land from one of the owners on the original title. Long story short, we will start the process of getting the Title for our property once the owner has his.

What they are doing is an extra judicial partition. You said "There are five people on the original Title" did you mean the title was in the name of the parents and it is being split 5 ways? if so make sure that all of the kids sign, legitimate and illegitimate. if one is left off or has passed the new titles can be contested. the best way to do it is extra judicial partition with sale. that way your new title goes to you not to the kid that sold there part, and then to you. Also did all of the other kids sign off on the sale of the 300 S/M with the house? If the lot with the house on it is larger then the 300 S/M that was sold to you it needs to have a lot split done. Good luck. we are 3 years into fixing a issue the same as you described.

[JJReyes]

11 hours ago, Viking said:

I was more thinking of when you said that your kids could inherit your land but NOT your wife.

This is my recollection based on the explanation of a lawyer, but it was many years ago.  My sister promised to get an update and answer by the time of my arrival in Manila this coming November.  We are dividing properties inherited and retitling them to individual heirs.  My goal is to sell everything to avoid future headaches.  I am comfortable renting.  

[spaul]

It was an agricultural lot that the five people got together to purchase in 1998, along with the Land Bank of the Philippines. It wasn't a scenario where it was owned by a grandparent and the siblings and their children all have a staked claim to it. The Title granted the previous owner two years for his spouse and heirs to buy back the land and also the new five owners could not sell or transfer their lot for a period of ten years. I'm assuming because the Bank was on Title and they had a ten year loan with them.

The owner we bought from divided up his own lot of 600 sq/m. He had a recent survey done on it to apply for the Title. Could his kids contest later on? I don't know for sure. I guess anything is possible but we do have the Deed of Sale which stipulates exactly what we bought, along with the survey and the lawyer we all signed with lives down the road. Maybe one good benefit of living in the province.

Thanks for the advice, I'll keep it in mind.

[fillipino_wannabe]

15 hours ago, Viking said:

Thanks, but I was aware about that part.

I was more thinking of when you said that your kids could inherit your land but NOT your wife.

Others have said that a foreign spouse could inherit land from their wife if she's a Philippine citizen.

I haven't found anywhere if there is a difference between a Philippine citizen and a former Philippine citizen regarding the spouse right to inherit.

My wife is also a former Philippine citizen and she have a house there. Just being curious how things will be in the future since she's nine years older than me and have a daughter from a former marriage.

I am not really interested in the house but it is always good to know how things should be before the shit hits the fan. Hopefully this won't happen anytime soon 🙏

 

You definitely can inherit, you and the daughter would be supposed to get half each.

I've looked it up before as I also have a wife 9 years older than me with a daughter from a previous marriage.

[Viking]

On 6/14/2024 at 12:07 PM, fillipino_wannabe said:

You definitely can inherit, you and the daughter would be supposed to get half each.

I've looked it up before as I also have a wife 9 years older than me with a daughter from a previous marriage.

Thanks!

You and me are different from most other men in that regard. Hopefully we don't have the same wife 🤣