Thought maybe this would be a good thread to start as it seems to be coming up in a lot of the messages.
So here is my limited experience... I'm an American ExPat, relocated November 2001, and have built a P2.5M house in the Provinces.
My understanding is that my name cannot (as a foreigner) be on the title, this prohibition, fair or unfair, is in the Philippine Constitution. Citizenship is required, and if my understanding of American law is correct, one cannot "Choose dual citizenship", if you look at the oath for citizenship as an American, you "renounce allegiance" to any foreign entity and swear allegiance only to America. The only exceptions that I know of is that of "birth to American nationals in a foreign country" or "birth to parents of mixed citizenship". If I'm wrong I look forward to correction! So, unless you are willing to renounce your American citizenship and swear allegiance to the Philippines, the inability to own real property is the reality!
There is one small hope for foreigners here however because there is a move in the Philippine Congress to amend the foreign ownership clause in the situation of a permanent resident married to a Filipino.
As for the right of survivor-ship, it is my understanding that the foreign spouse comes after the Filipino's parents, siblings and their offspring, legitimate and illegitimate, in other words "take a number and stand in line"! However, even this is mute because, as a foreigner you are barred from owning it anyway!
I also understand that ANY effort to subvert the foreign ownership statutes will result in confiscation of the property and deportation!
So my suggestion is firstly, stay on very good terms with your in-laws, and secondly pray for the efforts being considered by the Philippine Congress. If you are an ExPat living here, contact the Representative and Senator for your Province and state your case, since many of them own homes in America!
I look forward to the discussion!
So here is my limited experience... I'm an American ExPat, relocated November 2001, and have built a P2.5M house in the Provinces.
My understanding is that my name cannot (as a foreigner) be on the title, this prohibition, fair or unfair, is in the Philippine Constitution. Citizenship is required, and if my understanding of American law is correct, one cannot "Choose dual citizenship", if you look at the oath for citizenship as an American, you "renounce allegiance" to any foreign entity and swear allegiance only to America. The only exceptions that I know of is that of "birth to American nationals in a foreign country" or "birth to parents of mixed citizenship". If I'm wrong I look forward to correction! So, unless you are willing to renounce your American citizenship and swear allegiance to the Philippines, the inability to own real property is the reality!
There is one small hope for foreigners here however because there is a move in the Philippine Congress to amend the foreign ownership clause in the situation of a permanent resident married to a Filipino.
As for the right of survivor-ship, it is my understanding that the foreign spouse comes after the Filipino's parents, siblings and their offspring, legitimate and illegitimate, in other words "take a number and stand in line"! However, even this is mute because, as a foreigner you are barred from owning it anyway!
I also understand that ANY effort to subvert the foreign ownership statutes will result in confiscation of the property and deportation!
So my suggestion is firstly, stay on very good terms with your in-laws, and secondly pray for the efforts being considered by the Philippine Congress. If you are an ExPat living here, contact the Representative and Senator for your Province and state your case, since many of them own homes in America!
I look forward to the discussion!
