Hi people, there is a question that I have and would like it to be answered. I have been thinking of real estate investing and I know that this is one of the better ways to indulge your money. But, there are still a few things related to real estate that need to be sorted out like how do the profits build up, what are the ways to go about this….and some more. Would you please help me to know more about real estate?????
Real estate investing in PI is MUCH different than the states. There are so many traps for foreigners when it comes to real estate that you can easily lose all of your investment. The laws in PI are not even close to what they are in the states regarding real estate and ownership. For instance; you can only own 40% of a piece of property, the other 60% must be owned by a filipino. If you are married to a filipina then you and her can own the property together, but if something happens to her you are up a creek as her family will probably get the property. Be VERY VERY careful when investing in anything in PI, especially real estate. There are many scams for foreigners that want to invest in real estate. There is another Yahoo group on philippine real estate that I belong to and it is one horror story after another. Muddy
What muddyfeet says is absolutely correct, a foreigner can only own an apartment or townhouse and only if he has a special visa permitting it. The law in fact, states the following: Philippine Real Estate Laws Filipino Citizens *Only Filipino citizens and corporations (at least 60% Philippine-owned) are entitled to acquire land in the Philippines . Non-Filipinos *Non-Filipinos can acquire a Philippine real estate property if he/she has a Filipino partner. Either both partners share the property with equal rights, or the partner owns 51% or more and the remainder is owned by the non-Filipino partner. *Non-Filipinos can likewise acquire Philippine real estate if he/she has a Filipino spouse who can make the purchase. *Special visas are available for non-Filipinos who want complete and total control of a Philippine real estate property like condominiums and townhouse units. Qualifications for this visa are as follows: *Applicant must be at least 35 years old. *Applicant should meet the bank deposit requirements which can be withdrawn at a later date for your investments. *Owning of houses or buildings is possible as long as the non-Filipino does not own the land on which the house is built. The land can be leased by the foreigner on a long term contract, and the house can be legally his. *As an exception to this rule, a foreign acquisition of a Philippine real estate is allowed in the following cases: *Acquisition before the implementation of the 1935 constitution. *Acquisition through hereditary succession if the foreign acquire is a legal or natural heir. This simply means that when the non-Filipino is married to a Filipino citizen and the spouse dies, the non-Filipino as the natural heir will become the legal owner of the property. The same is true for the children. Every natural child (legitimate or illegitimate) can inherit the property of his/her Filipino father/mother even if he/she does not any Filipino citizenship. *Purchase of not more than 40% interest in a condominium project. *Purchase by a former natural-born Filipino citizen subject to the limitations prescribed by law. *Filipinos who are married to aliens who retain their Filipino citizenship, unless by their act or omission, they have renounced their Filipino citizenship. Dual Citizens *Dual citizenship means having two citizenships and passports from two different countries. Dual citizenship allows the citizenship holder full rights of possession of Philippine real property. This is a new law and it is still unclear as to the procedures involved to implement it. Dual citizenship is now available for the following: *Former Filipino citizens born in the Philippines , who have emigrated to another country and obtained citizenship of that country. *A foreign spouse married to a Filipino citizen. Former Filipino Citizens *Former natural-born Filipino citizens, a.k.a. "balikbayans", are entitled to own a maximum of 1,000 square meters of residential land and one hectare of agricultural or farm land. *For business purposes, a maximum of 5,000 square meters of urban land or three hectares of rural land is allowed by law. In the case of married couples, one or both of them may avail of the privilege provided that if both avail, the total area acquired shall not exceed the maximum. *In the case of a transferee already owning an urban or rural land for business or other purposes, he/she shall still be entitled to be a transferee provided that when added to those already owned by him/her shall not exceed the maximum. Non-Filipino Married to a Filipino Citizen *If holding title as an individual, a typical situation would be that a foreigner married to a Filipino citizen would hold title in the Filipino spouse's name. The foreign spouse's name cannot be on the Title but can be on the contract to buy the property. In the event of death of the Filipino spouse, the foreign spouse is allowed a reasonable amount of time to dispose of the property and collect the proceeds or the property will pass to any Filipino heirs and or relatives. Foreign Ownership as a Philippine Corporation *Foreign nationals or corporations may completely own a condominium or townhouse. To take ownership of a private land, residential house and lot, and commercial building and lot, foreign nationals or corporations should form a Philippine corporation. The corporation is to be 40% foreign-owned (maximum) and 60% Filipino-owned (minimum), and with at least five [5] incorporators. Upon incorporation, a main bank account should be tied to it. A foreign national may be the sole person in the bank account, allowing him/her total control over the funds derived from the corporation and the income or sale of the asset or property. Foreign Leasing of Philippine Real Estate Property *A foreign national and or corporation may enter into a lease agreement with Filipino landowners for an initial period of up to 50 years, and renewable for another 25 years. With regards to the inheritance if the filipino spouse dies, I would be very wary of all relatives waiting for you also to die so that they can get the lot, maybe even helping nature to take her course if you know what I mean..... Hope this helps to clarify the matter. Best regards.
