Wife Having An Affair

[craftbeerlover]

9 hours ago, RBM said:

This is not entirely correct, there has been cases, where providing the foreigner has financial prove his funds bought the land and dwelling an order can be made in his favour. 

I went thru it, hired lawyers and did my own research.   I'd like to see the cases where the foreigner was awarded half of the cost of the land. 

[Snowy79]

2 hours ago, craftbeerlover said:

I went thru it, hired lawyers and did my own research.   I'd like to see the cases where the foreigner was awarded half of the cost of the land. 

I will attempt to track the case down but just after arriving in the Philippines I read about an American who bought land for his then girlfriend as they were going to get married. As soon as the title was in her hand she broke up. 

He went to court to get his money back and it all revolved around her having to prove it was a gift and him proving it came from his funds. The judge sided with the American as obviously the girl couldn't afford that money herself and she was ordered to sell the land and return his money. He had lots of communications showing she had promised to marry him which made her look more like a scammer. 

What I don't know is if she ever managed to sell the land and to pay him back but there was an encumbrance put on the title in the Americans favour. 

[RBM]

14 hours ago, craftbeerlover said:

I went thru it, hired lawyers and did my own research.   I'd like to see the cases where the foreigner was awarded half of the cost of the land. 

Me, plus the court ordered my name in full to anointed on titles of land to ovoid a sale.

[craftbeerlover]

3 minutes ago, RBM said:

Me, plus the court ordered my name in full to anointed on titles of land to ovoid a sale.

The courts gave you ownership of the land?   I had two lawyers and did an absolute crap load of research on my own and have never come across anything even close to that.   A foreigner is entitled to 50 percent of just about everything, except land.   The law clearly states we cannot buy or own land.   There are supreme court rulings on this as well

[hk blues]

36 minutes ago, RBM said:

Me, plus the court ordered my name in full to anointed on titles of land to ovoid a sale.

 

30 minutes ago, craftbeerlover said:

The courts gave you ownership of the land?   I had two lawyers and did an absolute crap load of research on my own and have never come across anything even close to that.   A foreigner is entitled to 50 percent of just about everything, except land.   The law clearly states we cannot buy or own land.   There are supreme court rulings on this as well

I wonder if we're talking at cross purposes here.

I'm unclear as to if RBM is saying he was named on the title deeds along with his partner which would prevent either selling the land without the agreement of the other but that isn't necessarily the same as giving both parties 50% of the land. It would simply mean any land sale would have to be with the consent of the other party and thus RBM would say he's only willing to agree in return for 50% of the proceeds. 

End of the day, it's the same outcome but not the same legal principle.

Maybe.

[craftbeerlover]

7 hours ago, hk blues said:

It would simply mean any land sale would have to be with the consent of the other party and thus RBM would say he's only willing to agree in return for 50% of the proceeds

Either way, they both violate current laws.  Foreigners cannot own land.   If indeed his lawyer pulled this off, I would suggest that every foreigner going thru similar problems hire this one lawyer.   I have gone through the process, and I am not a lazy dude, I did an absolute butt-load of research on my own, in addition to hiring two lawyers.  

[Mike J]

11 hours ago, craftbeerlover said:

Either way, they both violate current laws.  Foreigners cannot own land.   If indeed his lawyer pulled this off, I would suggest that every foreigner going thru similar problems hire this one lawyer.   I have gone through the process, and I am not a lazy dude, I did an absolute butt-load of research on my own, in addition to hiring two lawyers.  

What you want on the title is "Your wife's name, a Philippine citizen, married to Your Name a xxxx citizen".   That makes the land and house conjugal property.  The challenge then would be getting your spouse to sell and/or getting the spouse to pay you 1/2 of the asset value.

All life decisions carry a certain risk.  If a person is not 100% comfortable with the possibility of losing both land and house then buy a condo in your name only or rent.  

[craftbeerlover]

2 hours ago, Mike J said:

 That makes the land and house conjugal property

No, it makes the house conjugal property, foreigners cannot own land.  

[craftbeerlover]

"Even assuming the property was not inherited and was acquired with the exclusive funds of the foreigner-spouse, it will still not be considered as part of the property regime between the husband and wife since the 1987 Philippine Constitution forbids foreigners from acquiring private lands in the Philippines, except through hereditary succession, among others. Therefore, no presumption of conjugality or community of property exists in regards the foreign spouse."

[RBM]

23 hours ago, craftbeerlover said:

The courts gave you ownership of the land?   I had two lawyers and did an absolute crap load of research on my own and have never come across anything even close to that.   A foreigner is entitled to 50 percent of just about everything, except land.   The law clearly states we cannot buy or own land.   There are supreme court rulings on this as well

No the courts did not give me ownership of land. They ordered my name can be  anointed on the titles , meaning land cannot be sold without my consent, this is not ownership.