When Can A Foreigner Own Land

[United Army]

 

  So when can a foreigner own land in the PH?  is the answer Never?  Does a 13A visa give the right to a foreigner to own land? 

 

[Dave Hounddriver]

So when can a foreigner own land in the PH?

1. When your legally married, filipina, spouse dies with no parents living and no children, then you can inherit her land, but you must eventually give or sell it to a filipino.2) When the foreigner takes out Philippine citizenship.3) When and if the law changes4) Various schemes that may or may not hold up in court, usually not if there is a filipino disputing it on the grounds that foreigners may not own land in the Philippines.Most of us just put it in the wife's name. I did that in the west, for tax purposes, so its not much different here. In the event of a marriage break up you will get just as screwed over by the courts here as you would in any other country. at least with regards to any property you have in the Philippines..

[Old55]

So when can a foreigner own land in the PH?

1. When your legally married, filipina, spouse dies with no parents living and no children, then you can inherit her land, but you must eventually give or sell it to a filipino.2) When the foreigner takes out Philippine citizenship.3) When and if the law changes4) Various schemes that may or may not hold up in court, usually not if there is a filipino disputing it on the grounds that foreigners may not own land in the Philippines.Most of us just put it in the wife's name. I did that in the west, for tax purposes, so its not much different here. In the event of a marriage break up you will get just as screwed over by the courts here as you would in any other country. at least with regards to any property you have in the Philippines..

Bravo Dave for the concise detailed answer to an often asked question! I have a follow on question… If a Foreigners Filipina wife dies under what if any conditions could the home and land she (they) owned be transferred to their children? I have read that dual citizen children may inherit real-estate from their parents. I do not know this for a fact.

[United Army]

So when can a foreigner own land in the PH?

1. When your legally married, filipina, spouse dies with no parents living and no children, then you can inherit her land, but you must eventually give or sell it to a filipino.2) When the foreigner takes out Philippine citizenship.3) When and if the law changes4) Various schemes that may or may not hold up in court, usually not if there is a filipino disputing it on the grounds that foreigners may not own land in the Philippines.Most of us just put it in the wife's name. I did that in the west, for tax purposes, so its not much different here. In the event of a marriage break up you will get just as screwed over by the courts here as you would in any other country. at least with regards to any property you have in the Philippines..

Thanks Dave for the right to the point answers. Putting the house in my wife's name is ok with me. I was just wondering if she was to pass away for some reason ( last thing that I would wan to happen) can I inherit our house, some how?

[Dave Hounddriver]

... Putting the house in my wife's name is ok with me. I was just wondering if she was to pass away for some reason ( last thing that I would wan to happen) can I inherit our house, some how?

That is a simple Yes if she has no parents or children living to claim their 'due'.It is not bad if the two of you have the only children as you would be appointed guardian, in most reasonable cases.If she has children from another relationship, or if her parents are living and want to dispute you, then it can get difficult. There is a law on the books that says a filipino(a) cannot just cut their children (or parents in some cases) out of their will. There is a legal entitlement that you had best consult with a lawyer about . . and be careful about that as there are lawyers who will tell you whatever you want to hear so long as you are paying them.

[Mr Lee]

So when can a foreigner own land in the PH?  is the answer Never?  Does a 13A visa give the right to a foreigner to own land?

As already answered better than I ever could by Dave, never is the basic answer unless you become a citizen, thus no longer making you a foreigner, not something most of us would do, or probably could do, or you are married to an orphan that has no kids prior to your relationship, but you can own a condo because you do not own the land, or you can own a townhouse that does not include the land and thus has a land lease.  Most Filipinos wish to live in houses with land, from all that I have met, so a condo may not be a choice for many of you but it was a choice for us because even though we decided to make them jointly owned, if something should God forbid happen to my wife, and things like that can happen, I can still live in them until I kick the bucket or sell them and not have to worry about being sued by her family members and tossed out of my own home, as I have read and heard about happening to many foreigners who bought in their wives names.I guess what it all comes down to is how much of a gambling man a foreigner is and how important the money they spent might be to them down the road, when change might not be something we wish to do and when the home may be worth many times more than it is today. Of course a lot of it has to do with how well you know your wife and her family, and I know my wife very well and trust her 100% yet I still do not like the unknown of family issues when it comes to money, and a foreigner rarely wins in court against a Filipino, and even if they were to win, it would take many years and lots of money because the wheels of justice in the PHL turn very slow, so I would probably be long gone by the time a court ruled. The main thing is that a person knows the possible downside going into a land purchase and makes the decision with their eyes open that not only can they end up with a problem with their wives but they can end up with a problem with family if their wives were to pass before them. 

[Travis]

every woman I dated wanted a house & I was not going to be worth more dead than alive so no house unless I was married for quite a few years & I knew her true motives. I found that Filipinas are pretty good actresses & will tell you what they think you want to hear to get what they want from you. I hope to buy a condo when I get back & then if I find a woman who is willing to live with me in a condo that is in my name then that would be a good sign to me. my last lady was willing to live with me in a condo & did not want anything from me for herself but her family was the issue & who knows what might happen when I get back & if she is stills single by then coz she still emails me & tells me she loves me & I hope to have more money by then & hopefully a bigger monthly ss check too

Edited December 12, 2010 by Traveler

[Art2ro]

I hope to have more money by then & hopefully a bigger monthly ss check too

Way to go Travis! You're on track! Hope to see you back in the Philippines soon!Art

[Old55]

... Putting the house in my wife's name is ok with me. I was just wondering if she was to pass away for some reason ( last thing that I would wan to happen) can I inherit our house, some how?

That is a simple Yes if she has no parents or children living to claim their 'due'.It is not bad if the two of you have the only children as you would be appointed guardian, in most reasonable cases.If she has children from another relationship, or if her parents are living and want to dispute you, then it can get difficult. There is a law on the books that says a filipino(a) cannot just cut their children (or parents in some cases) out of their will. There is a legal entitlement that you had best consult with a lawyer about . . and be careful about that as there are lawyers who will tell you whatever you want to hear so long as you are paying them.

Once again Dave got these important details just right.Keep in mind many of the grudge killings we read about in the local papers are to do with land distribution between siblings or other family members. More than a few Foreigners’ are killed every year for their homes. We each must honestly and dispassionately consider our wife’s family dynamics and how having something of real value easily attainable if you were to die. A simple cost benefit analysis is not enough. As Traveler said “be worth more alive than dead”, keep this in mind at all times.

[Travis]

I hope to have more money by then & hopefully a bigger monthly ss check too

Way to go Travis! You're on track! Hope to see you back in the Philippines soon!Art

thank you Art I am trying to save up some bucks but they are working me to death here & I really should not complain coz it is going to work out good for me for such a short period of work. seems people do not want low paying jobs when they get hundreds of dollars a week in unemployment & now the US is going to extend that another year making it 3 years of unemployment :SugarwareZ-037: so maybe I will have work for at least that long coz there are too many lazy ass people here who want to sit on their ass & get those free checks. maybe I failed at relationships coz my eyes were open to much from reading so much & not wishing to end up dead even when I had no money coz they never believe we have no money I will either rent & keep my money in the US or buy a condo in my own name & I wish others much luck who already bought or are planning to & especially if they have not been married at least 5 years thru thick & thin