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Finance & Legal Good Lawyer for real estate agreement

Discussion in 'Businesses - Services - Products' started by indranilde, Jan 29, 2017.

  1. indranilde

    indranilde DI New Member

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    Dear Friends, I live in the US but having been coming to Dumaguete regularly for ~6 years now (like 3-4 times a year) because my girlfriend lives there and I plan to retire there (sometime soon). We have been together for ~7years, are on skype pretty much every waking hour if we are not together, have a wonderful 3 year old daughter that she is raising with lots of love, and she is pretty much my wife other than than a marriage certificate. I have no intention, desire, or need to get married in court.

    However, I do believe in being safe and covering my back.

    So when we bought one small house about 4 years back (in her name, of course) I got a legal agreement saying she had borrowed the money from me to buy the property, was leasing the property to me, and in case of her expiry all her property would be put in my name (i.e. will). In retrospection, she wasn't that good since she did not do the automatic 25 year renewal or including the compounding of interest to her loan. Her name was Myrish Antonio. Anyhow, she is has emigrated from Phil.

    I bought a bigger property in Banilad where I am planning to build a house there. I want a lawyer to make papers for me for basically the same thing as before.

    Can anyone on this forum suggest a good lawyer in Dumaguete for me for this purpose, pls ? Hopefully, friendly to foriegner interests!

    Appreciate any help in advance,
    Neal.
     
  2. Wrye83

    Wrye83 with pastrami Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    This would not hold up in the higher courts...the lower courts may side with you initially but the PI Supreme Court would most certainly axe any decision in your favor of owning the property as they have done many, many times before; and the family (if there is any alive that would stand to gain from contesting it in court) would almost certainly contest you owning the property.

    The courts would give the property to her next of kin. Seeing as you have a daughter with her (and assuming she is a Filipino citizen and the birth certificate shows you as the father) the property might be able to go to her with you acting as a trust of sorts. This is probably the safest and most legally sound way for you to move forward.

    Side note: have you gotten your daughter her US citizenship yet?
    Your intentions and desires maybe, the "need" though....you are in the Philippines and family+marriage is extremely important and is written into their constitution and could very well be a determining factor to a judge.

    I'm with you on the "absolutely no marriage" thing, I wouldn't do it either....but then again I don't have any kids or property I need to protect.

    But to your main question: sorry, I do not know any trustworthy/reliable/foreigner friendly lawyers. Any lawyer will write up any contract you want, but that doesn't mean that it will hold up in court.
     
  3. cabb

    cabb DI Senior Member Highly Rated Poster ✤Forum Sponsor✤

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    Atty. Mikhail Maxino who is the Dean of Silliman Law School.
     
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  4. OP
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    indranilde

    indranilde DI New Member

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    Didnt catch your name, so I will call you Wrye :smile: Even though you did not answer my question, you did give me some valuable information and hints. appreciate that!

    I see more and more now that the previous lawyer was a no-gooder! I will have her will restructured so that the property goes to our daughter and I am perfectly happy with that in case something untimely happens to my gf. I owe my daughter something when I pass away anyways...so just as well !

    Couple of other notes...
    #I didn't get citizenship for my daughter since I intended to raise her in the Phil. I am curious why you raised that point (I wasn't intending on getting my GF to the US either). You are suggesting I get her a dual passport or something. BTW, she is my only kid.
    #You said "family+marriage is extremely important and is written into their constitution and could very well be a determining factor to a judge". Determining factor in what type of case ? In case she decides to leave or in case she passes away ?

    Finally, i agree with your final emphasis. Which is why I am looking for a lawyer knowledgeable in such matters. It is clear to me that the last one was not.
    thanks !
    Neal.

     
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    indranilde

    indranilde DI New Member

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    Dear Cabb. Thanks for taking the time to reply and passing me a name. Any chance you could elaborate on your personal experience of him (or hearsay) in dealing with such matters. Has he, to your knowledge, made legal documents and advised foreigners before.

    Best regards,
    Neal
     
  6. DavyL200

    DavyL200 DI Forum Luminary ★ Global Mod ★ Highly Rated Poster Showcase Reviewer

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    I would also reccomend michael miguel down the side of robinsons mall,he also deals with alot of foreigners.
     
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  7. Wrye83

    Wrye83 with pastrami Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    That works since it is my name. :wink:

    I bring it up because you mentioned you had a daughter and it seems as if you care about her and not everyone knows that you have to register a birth abroad for a child to get citizenship.

    Your daughter is an American citizen by birth and she will definitely benefit in the future from having a US passport. It's perfectly fine if you want to raise her in the Philippines but one day she will be an adult and having her citizenship sorted out from a young age will open up a ton of opportunities for her future. (If you haven't already noticed the opportunities and working wages are quite miserable in the Philippines.) It will be much easier for you to do the paperwork now than for her to do it in 15 years when she becomes an adult. She would be tasked with getting proof that you lived in the US, were a US citizen, will need to find all the original paperwork, when/where you and her mother were born, etc. If the father and mother were not alive that would be a daunting task for someone that knows where to look and what government agencies to go to....a d*mn near impossible task for a teenager that was born, raised and had never been outside the Philippines.

    You will also be able to get social security survivor benefits to your child/gf much easier if your daughter is an American citizen. I don't know your age but I assume you are quite a bit older than your wife since you are speaking of soon retiring. I could be wrong on that though.

    I also personally feel that it is your obligation as a parent and US citizen to do this for your kid and to set her up for success, this is just my 2 cents. Not trying to preach at ya.

    Another reason I bring it up is because I am currently helping a Filipina out that had a child with an American that apparently has absolutely no interest in his kids future. An 80+ year old man thinks paying 20k in child support a month for a few years before he dies or goes completely senile is good enough. No savings account, no SS survivor's benefits, no court ordered child support, just what he feels is the right amount of cash to hold the child off until he passes. The guy also lost his passport years ago and hasn't even bothered to get that replaced so I can only assume he is just waiting on death and doesn't give a flying f*ck about anyone but himself. I curse this nittwit every time I have to fill out a form for this young lady and her kid or when I have to search the Department of State's website for what needs to get done or for alternative documents that can be accepted. I'm not saying you are like this guy, just venting a bit on this one. I just don't like to see children abandoned/neglected like that by uninformed/deadbeat fathers/parents...especially when one of the parents is an expat. :wtf2:

    Sorry about that rant, it really isn't about you or your post.
     
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  8. PatO

    PatO DI Forum Luminary Highly Rated Poster Showcase Reviewer Veteran Marines

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    Indranilde, some information, if you are interested in getting U.S. Citizenship and social security benefits, for your daughter.
    Firstly, when you apply for and begin receiving your own social security your child can also receive half of what you receive monthly. If you are not receiving social security and have U.S. Income, you can claim her as a dependent on your taxes if she has a social security card. So there financial advantages. I pay for my child's private education and medical expenses as well as add to his college fund with his monthly check.
    You can apply for a US citizenship and US passport and social security card if you apply for the notification of birth abroad at the Cebu consulate or Manila US embassy.
    However, one caveat I believe you will run into is that the embassy will require you to get a DNA test to prove the child is yours, given you are not married to her mother.
    If you would like to discuss this more or need help with this, just send me a PM.
     
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  9. shotshapers

    shotshapers DI Member Showcase Reviewer

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    Do your self a seriously seriously big favour and get her American Passport ASAP , it will save you so much heartache and money if you do it now and always keep the passport active ( dont let it expire, always renew on time) its a small price topay for the drama that lies ahead if you/she waits until being an adult

    my two little ones have their Irish passports too, and by having them from as close to day one as possibble, it will take away any dramas further down the road

    as for a lawyer, you need two , one to watch the other
     
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  10. shotshapers

    shotshapers DI Member Showcase Reviewer

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    very very interested too, to know of anyone who had some dealings with him, being dean of law, should ease a mans worries or speed them up
     

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