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Philippine law, you, and marriage

Discussion in '☋ Expat Section ☋' started by SurfinUSA, Jul 29, 2011.

  1. SurfinUSA

    SurfinUSA DI Senior Member

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    One foreigner friend involved in a marriage crisis was informed of a few points of law by a local judge very recently:

    1. While it is true the Filipina wife owns the land, and the foreigner husband can own the house... that is.. unless the house is worth more than the land. Then the wife automatically owns the house as well. :eek:

    2. Prenuptual agreements are fine but when it comes to Filipino law vs any matters in the prenup, those points in conflict with PI law in the prenup are not binding. :eek: :eek:



    :confused:
     
  2. expatron

    expatron DI Forum Patron

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    Is it any better in the U.S.A?
     
  3. Knowdafish

    Knowdafish DI Forum Luminary

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    Law wise, yes. At least the laws are clear cut and.....enforced! :D
     
  4. shadow

    shadow DI Forum Luminary

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    1; I can find no legal reference that verifies this, meaning as far as I can find out there is no limit to the value of the dwelling for it to remain the property of the person who purchases the sticks and mortar. If you buy a bag of cement, it is your bag of cement. I suspect your friend's judge is in error, or there is a misunderstanding somewhere.

    2; Under the family code, partners can have any regime they wish, so long as it is agreed to prior to the marriage and noted on the marriage settlements prior to the marriage. The appropriate box on the marriage contract MUST be checked when the officiator of the marriage sends the registration in. From the family code;

    TITLE IV

    PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

    Chapter 1. General Provisions

    Art. 74. The property relationship between husband and wife shall be governed in the following order:

    (1) By marriage settlements executed before the marriage;

    (2) By the provisions of this Code; and

    (3) By the local custom. (118)

    Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern. (119a)

    Art. 76. In order that any modification in the marriage settlements may be valid, it must be made before the celebration of the marriage, subject to the provisions of Articles 66, 67, 128, 135 and 136. (121)

    Art. 77. The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. They shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties. (122a)

    Full text version;

    E.O. 209 Family Code of the Philippines

    ANY contract in conflict with any law where it is drawn up and executed is not legal nor binding. In the Philippines, usually any point of a contract in conflict with the law voids the entire document. This is not Philippines specific either.

    Larry
     
  5. jimf

    jimf DI Member Showcase Reviewer

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    Nice information to know...thanks for the posts.
     
  6. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    As Ever!

    :smile: As Usual Larry, Clear and Concise, it is good to have you around.
    You know, you really should have, Completed that Law Degree. Thank You!


    Jack P.:smile:
     
  7. Sonny Blue

    Sonny Blue DI New Member

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    As a current member of the California Bar for over thirty years, I also find the ruling to be beyond belief. I admit I have not done any research, and do not plan to do so, but the Philippine law in this area is modeled after US law and this would be an unlawful taking of property in violation of substantive due process.

    If the land value exceeded the value of the home, would the home owner automatically own the land? This is absurd.

    If anyone has any legal authority to support the judge's ruling, please cite it.
     
  8. tunji oluwajuyemi

    tunji oluwajuyemi DI Forum Adept

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    make it a kit house that bolts together and can be unbolted and moved or those balinese hard wood houses that assemble with no nails but only wooden pins and can be carted off by carabao drawn cart:p
     
  9. PrensBana

    PrensBana DI Member

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    Do they make transportable houses in Phil?

    Only, you'd need another piece of land to put it on.........:confused:

    Another option, live on a house boat,....who needs land? :cool:

    Or............Dont buy/build a house, just rent!

    One year leases, a new home every year :smile:

    It could deter unwanted extended family living in, they might get sick of following you around :wink:

    Best thing.........

    Dont enter into marriage lightly

    Make sure it is a mutual 100% commitment to LOVE one another until death parts you, then all that legal humbo jumbo becomes irrelevant :p

    Everything we own, is ours :D

    Anyman who wants a prenup, should not marry her because he has not sufficient faith in the woman or the marriage

    Besides, there aint no divorce in Phil anyway......

    PB
     
  10. jimf

    jimf DI Member Showcase Reviewer

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    PB,
    I agree with your take on things. Imagine, a "REAL" marraige, where nothing else can get in the way!
    Your right about the prenup too. If a man needs to file an instrument to protect himself "in case of divorce," then there is insuffficient faith in the integrity and shouldn't get married.
     
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