retirement oz


buying land in the philippines?

i am planning to retire in the philippines as my wife is filopino what right have i being foreign about owning land in the philippines.would everythink have to be in my wife name or can it be put in joint names? i have already brought 3 lots of land and which was done vie her parents, and we are awiting for her to post us the documents, she has told me that my name will also be on them along with my wife. this is what we have ask for

Public Comments

  1. I am somewhat divided on the previous answer as I am an Australian, semi-retired here in the Philippines and am a permanent resident married to a lady from here. We met whilst we were both working overseas. I would suggest you contact the department of Immigration here on www.dfa.gov.ph (I think that's the correct site) and ask them to put you on touch with the appropriate government department. To my limited knowledge, in order to be able to purchase land in joint names, you would need to be a permanent resident or a citizen however if you are planning to settle here you will be required to apply for residency as I did. It's important that you have your marriage papers in proper order as the department of Immigration will want to view all documents associated with the marriage. I further understand that a marriage contract must be in existence before they will grant you residency, In any event, I suggest you check it all out through the Philippines Immigration office. Good Luck!
  2. The fact of the matter is we as foreigners cannot own land. Having your name on the Deed of Absolute sale means nothing legally and I doubt you'll be able to accomplish that without being a dual citizen. You can however inhearit the property provided your wife puts those properies in her last will.
  3. One answerer got it right. Philippine laws give exclusive rights to Filipino citizens to own real properties in the Philippines. The only exception to that rule is an alien (citizen of another sovereign state, commonly known as "foreigners") inheriting real properties in the Philippines from a Filipino. Putting your name is the Deed of Sale (Absolute or Conditional) means nothing. No alien can acquire real properties in the Philippines except as an heir (either as a voluntary or computsory heir). If you would like to have the same rights as your wife with respect to your properties in the Philippines, you may want to acquire Filipino citizenship. There may be other means (I can think of one) by which an alien can legally have ownership rights to real properties in this country. However, I'm Filipino and my loyalties lie where they should be, LOL. Let you lawyer or accountant do their share of legal research. That should be easy enough for any such professional who has done his share of burning the midnight candle, LOL.
  4. Sorry - no such thing as joint... The closest you can get is in her name, and in parentheses (husband being 'and your name'). What that does for you is if anything happens to your wife, the state will give you something like 40% of the property worth. At least that's the way I was told it works. (Of course, your property taxes are higher that way too - hehe).
  5. A foreigner cannot own land in the Philippines. You can form a corporation and the corporation can own the land and you can own 40 percent of the corporation. If there becomes a time when the actual property will have to be divided the foreigner will not be able to claim the actual land, but would be entitled to his or her monetary share of the property. A foreigner can purchase a Condo and have it in his or her name legally. I own several pieces of property and I have had legal paper drawn up and attached to the Title that I have an unconditional lease with rights to even sub-lease the property for twenty-five years. The property is in the name of a Philippine citizen and my name is part of the deed with a notation that I paid for the property, but I really have no legal claim except for the lease. Even with the lease a problem could arise since according to the Constitution of the Philippines no Philippine citizen can be deprived of the use of their land. If taken to court the person leasing the property could be made to vacate the property or turn the property over to the Philippine citizen. Foreign land ownership is a sensitive subject with most people of the Philippines. I really do not understand why since if the foreigner decides to leave the country they certainly cannot take the land back home with them. The Philippine people could do what most First World Countries do have restrictions on particular land forbidding foreigners from owning land designated for agriculture or within a certain distance to a border, etc. You might talk to some lawyers that will come up with a scheme that they will tell you allows you to own the land, but it is not so. There is also a law that states if someone uses any means to obtain land ownership by means to avoid legal restrictions placed by the Constitutions or established laws the land purchase is null and void. You just have to be able to trust the person you are buying land with. You can have land left to you through a will but upon your death you cannot leave the land to a Non-Filipino citizen. If you have children by a Philippine spouse you could leave the land to your children at your death and have use of the land as long as you lived.
  6. Better buy land in your wife's name and with a lawyers' notation that she is legally married to you. Foreigners can still not own lands in our country. The document should be notarized.
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