Local land prices, are they crazy?

You need to get better acquainted with the law.

If your Filipino spouse passes away with a will, you will receive no part of any land because it is against the law to will land to a foreigner and that part of the will will be void.

If there is no will, Filipino spouse dies intestate, ALL of (his/her) children are primary heirs for 50% of the estate.

The other 50% goes to the second tier heirs, which includes the children (double dipping), any living parents, siblings, half siblings....and foreigner spouse. If you end up owning 10% I think you would be doing well...but as Wrye stated, you would only be given time to sell even that much and you would have to sell to a Filipino because foreigners aren't allowed to own land.

Your spouse could stipulate in a will that you can live on the property for the rest of your life as that wouldn't involve ownership.

 

On this occasion my friend so must you I am afraid to say and meaning NO malice at all but we must look at statements made. Especially on Land and Contents issues.

 

Jack, I think you are taking counsel from the part where he was playing devils advocate. Having read the article twice, I see that he agrees with me. You might read it again with an eye towards the first 3/4ths of the article playing devils advocate. The article starts getting real at this passage:

""One good reason to worry. A foreigner can inherit from a Filipino spouse, so long as he or she inherits from an intestate estate,that is, one with no will. Non-Filipino citizens, who can inherit land by hereditary or intestate succession (without a will) but not by testamentary succession (with a will). That 3/8 share we were talking about? It can’t be willed to the surviving spouse.""

According to the article, I did make one error, if the Filipinos spouse died intestate I placed the foreigner spouse in the second tier and the person writing the article placed them in the third tier, not the second. If that is truly the case I doubt the foreigner would inherit much more than enough for a redhorse grande.

 

No Robert I am taking Counsel from a Lawyer, As I said having Read and reread many times I took the Article to a Lawyer ( Not Mine as I wanted an unbiased answer) I am just not interested in Articles unless there is something that involves me & this one did. So I followed up on things, Problem is that these articles are written by people who do not return and Update them. The law says as it is now, That a Surviving Spouse shall obtain the full estate until death ( For Foreigners that is) Then it passes on to any Tier you want But before this, the Title shall pass to the foreign Survivor Until their death, now the only reason I entered this Thread was to say that in such circumstances, we (The Foreigner cannot be put out on the street and this is what a lot of people will tell you. As I said, it may not be much but it is some safeguard for us (The foreigner)
For out Lifetime remaining

 

Recently my wife and I had wills prepared. The Attorney explained the division of property purchased during our marriage as follows:
50 % to me, 1/8 to her child #1, 1/8 to her child #2, 1/8 to me (husband) and 1/8 free to be willed as she chooses.
My wife willed the free share to me. I was also told I could sell the property and would give the children their 1/8 share.
My wife has other properties that she had before we married and I'm guessing there are a whole bunch of different rules for those pieces.
The lawyer we used is a well respected lawyer (Attny Miguel) so I trust his advise.

Additionally she gave me the usufructory right to the property. The usufructory right allows me to live in the house as long as I want without fear of her grown children or any other relative moving in uninvited.
06. Usufruct | Civil Law of the Philippines

 

The law I'm going by may be old, but I notice that nobody is posting the new law whereby a foreigner could inherit land that was willed to them. I have seen the actual law where it says foreigners do not inherit land if there is a will.

Nor has anyone posted a change to the law that says the foreigner can own land longer than it takes to dispose of it through sale. Notwithstanding ShowPony's usufructory right which need not involve ownership and which I said in the post above not using the $3 word
""Your spouse could stipulate in a will that you can live on the property for the rest of your life as that wouldn't involve ownership.""
I hope everything works out for those who have purchased land but I am far from certain that they will.

 

I think Gino did not really win a victory. Gino was clearly in violation of the anti-dummy law. I think Gino got the benefit of the ""unclean hands" doctrine. Rebecca aided in the evasion of the anti-dummy law and later was the cause of their separation and was using the court for revenge and for profit.

I do question whether the article was correct in saying Gino could transfer ownership of the "Land" vs. Lease. If it really said transfer ownership of the land, it would be a no brainer if Rebecca came back with another suit specifically targeting the lease. The law may consider multiple contracts between same parties at substantially the same time to be one contract.

I think Gino would be out on his rear unless the court considers Rebecca's hands unclean and merely strikes the MOA so Rebecca wouldn't profit from her own wrongdoing, hard to say.

 

My understanding about leasing was you can not lease from your spouse and the maximum duration is 25 years + one 25 year extension. I did not write down anything so don't have a link.

 

Well as we can see this is one of those Threads that seems to be contradictory in some ways as to who is right and who is wrong. So, this is the Latest I have found from a Lawyer that explains what I was getting at before and for me, I am happy that it is as I understood it.

* Section 7 speaks of hereditary succession. In legal speak, this means that a foreigner can acquire land through intestate inheritance, i.e. the default laws on inheritance which are not transfers of property by way of a last will and testament *

Full Source;
Can a foreigner inherit land in the Philippines?