Even thought the property under this law is shared you can still lease anything from your wife, leasing is not mentioned through out this document. Leasing does not mean the property or Item belongs to you. It does not mess up the marriage contract one Iota. It however restrict the wife from chucking you off the property you both own.

I can see your argument but this needs to be sorted out in the court of law to create a presidence. At present there are many ex-pats using leasing to give them some protection, I personaly know many.

I personal think its best not to marry if you are buying property here under a love ones name. I am waiting for this new move that will allow us aliens to buy a set amount of land in our own name. Its taking ages to go through government.

But of course your settlement prior to marriage may have a problem if that means what bought after the happy event, there again that sort of thing may need presidence in the court of law.

Thankfully my own plan is not to buy a house or property for myself, my partner is a landowner and I might build house as a present to protect her stability if i die this of couse includes other plans. I am a rover and want to move when I get fed up even to a different country with in asia if i so wish. At present I am happy in Sibulan near dear old duma.

Thanks for your legal explaination and sorry we differ in the reading of a Phillippine law, but at least both of us have read it and I expect like me other just important ones. Its best to be street wise

best wishes from the fish and thats with full respect.

PS. I was the criminal and sort of bright spark that came up with the leasing thing 7 years ago, hope I was not wrong as a lot of people will be very annoyed at me, lol

But maybe some other bright sparks came up with the same idea I will never know.

 

As I said, there is legal precedence for this, and has been upheld this way in the supreme court. You cannot lease from yourself, so you cannot lease conjugal property from your wife.

I too know many people doing this, and they get away with it because it is not well known, even among attorneys, that it will not be worth the paper it is printed on if it ever does wind up in court. (Unless of course, the judge is somehow influenced)



If I get time, after I get back this weekend I'll post some of the court rulings on this. They are there.

Larry.

 

Like to see that thanks you sound like your a filipino and into the law game, that can be useful here. But with the name of Larry maybe not.

 

Well you're half right. I'm American.

Thought for the day;

If you lease conjugal property from your wife, the money you pay with may or may not be conjugal property, BUT, the money recieved IS conjugal property, would it not seem that nothing has transpired? There was no transaction?

In fact, absolutely nothing has transpired. If I had a dollar, and I gave it to myself, what actually transpired?

Absolutely nothing!

Larry.

 

If the land is both names I agree, but being a alien its not its only in one name, do you own it no your wife does. Only when she dies you can own it, the law is funny here especial with aliens as I said a presidencies needs to be set, you said there was and I am waiting to see it.

I am always interested in something I don’t know about the law here or the changes. At present I have not seen a case in reference to the problem at hand however it seems you have, I am very interested as I am in my own laws in UK and America its a sort of hobby and many expats ask my advice on such things regularly else where on the web. However I never declare myself at being a legal expert. Though in UK many use to look at me that way, concerning business law and accountancy. I am all ways seeking the truth and love analyzing problems it’s my life.

You have now left me in anticipation in waiting for the presidencies to prove your point nothing else will change the expectation. It’s obvious you have connections to the supreme court that I don’t have as I can not find nothing that suggests I am wrong

Philippines supreme court

Larry these rulings your going to give me must be on this leasing and foreigner issue alone, its very important to be specific. I know there is loads concerning other matters of ownership but please lets point to leasing of land by foriegners from their wife.

This is very important to expats that have done this already as we know there are so many of them and I feel very guilty for giving this advice to many of my friends over the past 7 years.

 

Sorry, I have not had time to donate to this issue. Some of us have to work for our pesos. However, I did stumble across something in the civil code that may be of interest. From the civil code;

Art. 1490. The husband and the wife cannot sell property to each other, except:

(1) When a separation of property was agreed upon in the marriage settlements; or

(2) When there has been a judicial separation or property under Article 191. (1458a)


Art. 1646. The persons disqualified to buy referred to in Articles 1490 and 1491, are also disqualified to become lessees of the things mentioned therein. (n)

Is that plain enough? You cannot lease from your wife, period! (Unless you have separation of property in your marriage contract)

Larry.