Menu
Expat.com

Live in Philippines - can a foreigner become an owner?

Last activity 18 November 2020 by bigpearl

Post new topic

Okieboy

You cannot by Filipino law lease land from your spouse

callum22000

Hello sirrob
I am from the UK, is the procedure the same?

Silvercobra

As far as I know a foreigner cannot own land in the Philippines but apparently can own the structure on it.

samangelevski

You can own land if you are permanent visa in Philippines,  buy on your Wife's name or GF,  make sure you are recorded in a title as second party to land, so if something happens to her you are then the owner of that land automatically as there is no one else on a title,

Okieboy

If it was only that easy it is not, you would have to hire lawyers to go into a Filipino court, if their are no other heirs children parents etc it will cost an arm and leg, lease the land 50 years with 25 year option you and your wife will both have the land for 75 years, will you live 75 years no, will your wife probably not, if either one dies you have the lease, why ask for trouble against a Filipino judge trying to take land from Filipinos  crazy I have heard a lot of Foreigners wanting to own land, why it will go back to Filipinos sooner or later, and don't even think about a will in the Philippines a other legal mess

samangelevski

hi okieboy, I was just pointing out to who ever thinks they can own a land here, all I said is not impossible to do, but yet there are other hidnes agenders there too as with everything else here, nothing is clean cut for us,  I have rice farms big house cars bikes and all the machinery for farms, i know this is hers now and always will be, she can send me back home anytime she wants, I am not delusional Man, I am more of a realistic person, things can go wrong, but when they are right just enjoy the ride, I have invested a lot here but all is in the name of Love, we have a baby boy, well as you see nothing is wasted legacy will live on here and in Australia.

Okieboy

Yes your right but I have two good friends that are lawyers here in the Philippines we sit and have a beer and discuss cases they have had, foreigners are use to the legal system in their own countries, you can throw that out, it is common practice here to donate to the judge your case is assigned to, cases can go on for years, a typical drug case 5 years, that is the reason President Duterte has hurried the process along, real estate is a bad situation for Foreigners, I know many that have bought land with their wife and had no problems, I also know those who lost everything, a good friend of mine came on a srrv retirement visa he is 50 and single, he deposited $50,000 in a retirement fund he was allowed to use this money to build a house, he leased a lot in a subdivision 75 years built a house safe and secure no wife as yet he did it the safe way, at one time even if your wife died and you had no children you had a certain amount of time to sell it to a Filipino , don't know if that has changed, so many legal possibility, and a lot of lawyers will take your money making you think your in the right

Okieboy

It is a big mess if your wife died you get a portion of the estate, the law reads

Certain parts of the estate of a decesed Filipino citizen cannot be freely disposed of because Philippines law reserves them for the compulsory heirs, the same reservation does not apply to Foreigners who are governed by their national inheritance laws

The compulsory heirs are classified as:

Primary. Legitimate children and or descendants


Secondary.  Legitimate parents and or assendants, illegitimate parents



Concurring.  Surviving spouse, illegitmate children and or descendants

I am not a lawyer but reading some of the law this applies to her part of the estate

In any case it is a mess

samangelevski

you right always is a mess for some, this is not a free country as what every one have been thought to believe, it funny they want your money but in return they give nothing, maybe all this is our fault that we let them use foreigners as they do, hope one day we all will wake up and leave this place, and I tell you what they will be in one hell of a economical troubles, who is contributing to this economy we do and their own people who work over seas, not the Filipinos here, here they are all corrupt, from the president to little low life man, what are country they run, haha said plenty they will bare me for few more weeks haha

mugtech

samangelevski wrote:

you right always is a mess for some, this is not a free country as what every one have been thought to believe, it funny they want your money but in return they give nothing, maybe all this is our fault that we let them use foreigners as they do, hope one day we all will wake up and leave this place, and I tell you what they will be in one hell of a economical troubles, who is contributing to this economy we do and their own people who work over seas, not the Filipinos here, here they are all corrupt, from the president to little low life man, what are country they run, haha said plenty they will bare me for few more weeks haha


Sorry to read things are so bad in Tarlac, glad we never stop there.

jobanana

you can buy a condo but NO house.

Bafangu76

Hello,

I need some advice.

I have a girlfriend and I want to buy 200sqm land (I know owning it, is not possible accept a retirement visa) and building a house near her families house in their compound.

I believe she is very trustworthy but we all know things can happen

I want to avoid the concerns like but not limited too.

Breaking up and loosing my house and land
Breaking up and her moving other men or family into house
Breaking up and her setting up a karaoke party etc.

What are my options to protect myself but also include her in this process.

I am very scared and want to get several opinions before I commit
Please help.

Calif-Native

You may want to review some of the posts from 18 months ago to present. 

There is much information that is not accurate and a person should never make a decision based on blog entries.  You need to be prepared and willing to research as much as possible FIRST.

What you are asking is complex and would require way more than just a few lines of my opinions.  You must perform deep research and read the laws for yourself.  Examples of where you can start your research include the following:   

1.  Can a non-Philippine citizen own a house that is on a lot under a TCT and what will a new TD contain regarding registered homeowner?  Yes, you can own the house 100% but not the land it sits on.  The new house TD should correlate to your name on the house only.

2.  Is the land in the name of a living person and is the title shared with other living relatives? 

3.  Are all parties in agreement with the details and correct wording for the Contract to Sell/100% own the structures (including a future house) and the land lease to you?

4.  Have you made any inquiries with the local Deed of Registrar's office?

5. Do you understand you can't lose land that you never legally owned?

6. Who is the owner of the compound and what would be the quality of your life in that compound if there was a break?

7. What is and what will be your visa status later?

8.  Have you reviewed contract law that relates to your goals and do you understand the wording that must be used?

PS.  A retirement visa does not grant land ownership rights to foreigners or void the Philippine constitution.

Tonyjones

Hello… I’ve been living in the Philippines six months at a time. Currently I am in  pangasinan . I am retired and have a reasonable amount of savings and Social Security from the US and Canada. Could you please send me further information on what your services are. I am 68 years of age.
Sincerely here is Anthony Jones  (Tony)
Anthonyjones34953@yahoo.com

daenr

Most comfortably through his wife a man can own a structure on her land.
And for sure chase down all the deeds and titles to any piece of land or structure before laying down any cash, as well the status of family relationships re. the purchase of any ppty or business.

Okieboy

I know those doing the same thing not so easy a lot of time. my wife's family have been 10 years trying to get title for land her grandfather owned before his death, he was granted the land from the Government as a vet of ww2, other land he had has so many fake titles it will take years also

amaglow2

Hello . Yes a foriegnor can own a condo a townhouse , or the documents of Deed of Sale to a house and lot , as I do . I went to the Dept of Justice , and Supreme Court , and find that is a fact . I own the documents not the property , but it gives me the right to live on the property and if I sell any time , back to a Philippino, they can proceed with the title and the sale is complete . I have had my Deed of sale 10 years and May sell soon to experience a new area in the Philippines . Many great places here
     Cheers... John

amaglow2

Hello . Best advise is to go to DOJ  , the Department Of Justice , in Manila and they will give you proper advise of all your rights  , it’s free and Correct facts . Google the address . Cheers

Okieboy

Your wife cannot lease to you by law, they already know that con

DukeStamina

I have not read through all the pages of answers so I apologize if this was stated already. On one of my trips to Siargao Island, I met an Australian who purchased land by forming a corporation. He called it a 60/40 corporation formed with 3 Filipinos and 2 foreigners. Prior to the purchase of the land, the was an under the table agreement that once the land was purchased, the members of the corporations would be bought out, leaving only this Aussie as the sole owner of the corporation. I don't fully know the legality of this, but I am told it is somewhat common. Of course, you will need to trust the people you are playing with here.

Okieboy

Hahaha trust a Filipino partner

Okieboy

I hear of these things all the time, but when they go in court, they don't turn out in favour of a foreigner, I am good friends with my Barangy captain I can get a senior citizens card, a permit to carry a firearm is it legal hell no

Jackson4

Okieboy wrote:

Hahaha trust a Filipino partner


That quite a generalization and a racist remark don't you think?

This remark says more about you than your partner.

Okieboy

Your not very smart if you put your faith in one of the most corrupt judicial systems in the world

Okieboy

I started coming to the Philippines  in 1964 I have known a lot of Filipinos ,corruption is in the culture, that is the reason Duterte cannot stop it, I trust know one, especially in legal matters, judges make very little money , they make up the difference on the side , in the right situation all Filipinos will corrupt,. If you think other wise you are very gullable

manwonder

No generalization meant here...but from the lawyers I have encountered (with my limited experience) they all have left me high & dry.
One also had the cheek and issued me a handwritten note for 5t pesos/with no official receipt.
(which was again bull-shit work that was never meant to help me in any way.)
So I too avoid the need for a lawyer for anything.

bigpearl

DukeStamina wrote:

I have not read through all the pages of answers so I apologize if this was stated already. On one of my trips to Siargao Island, I met an Australian who purchased land by forming a corporation. He called it a 60/40 corporation formed with 3 Filipinos and 2 foreigners. Prior to the purchase of the land, the was an under the table agreement that once the land was purchased, the members of the corporations would be bought out, leaving only this Aussie as the sole owner of the corporation. I don't fully know the legality of this, but I am told it is somewhat common. Of course, you will need to trust the people you are playing with here.


Hi and welcome to the forum, enjoy and share your experiences. Anti dummy laws are more prevalent now and such a situation would end in grief, perhaps deportation. Worse things have also happened.

OMO.

Cheers, Steve.

bigpearl

manwonder wrote:

No generalization meant here...but from the lawyers I have encountered (with my limited experience) they all have left me high & dry.
One also had the cheek and issued me a handwritten note for 5t pesos/with no official receipt.
(which was again bull-shit work that was never meant to help me in any way.)
So I too avoid the need for a lawyer for anything.


Been there, when we purchased our property here the attorney was paid up front (PHP 20K) for the sale and lease, part way through disappeared, moved to Manila apparently and I went the agent who recommended that attorney,,,,,,, stating that I have already paid the funds for the security of the sale and lease.......... well done to them they secured and paid for the next attorney to complete the sale,,,,, only took 10 plus emails but a small part of their commission. Win or lose you just have to have a few brains to walk or fight.

OMO.

Cheers, Steve.

Articles to help you in your expat project in the Philippines

All of the Philippines's guide articles