Buying property, waiver by spouse

[johncar54]

My wife is going to RP on 30th and she will be buying a building plot.

I have been asked to sign a Waiver saying that she is buying it with her money and that I renounce all claims on it. This is fine except that the wording is:

That my wife has acquired a parcel of land from ..............


The problem is that she will not be buying it until next week, thus if I sign now, the document will I believe be worthless as it will be a false statement and at any subsequent time, anyone comparing the date of the waiver with the date of the purchase will see the waiver is dated before the purchase. (I will also be committing an offence as I will swear to something which is not true).

Has anyone negotiated this problem ?

Can my wife buy the property without the waiver, which could then be signed after the purchase ?



Advice please.

Thanks John

[Terpe]

John,
I am not sure how best to respond.
Normally there is no waiver to sign. Your wife is buying the land and it will be in her name.
You, as a foreigner cannot own land in your own right anyway. (except under certain corporation rights) So why the need to sign a waiver is beyond me.

Who is saying that your need to sign??

Unless it has anything to do with inheritance laws.
Inheritance laws in the Philippines are quite complicated as the spouse is not the primary person who will inherit. Children and parents have more rights than the legal spouse.

But then why would the 'seller' even know there is a spouse involved.

Maybe fred or others will have more views.

If you really have to sign this waiver after the sale, so be it just sign. There are no
problems anyway.

[miss.piggy]

Hi John, properties acquired by husband and/or wife will be considered as conjugal. but in your case, this may not take place because a foreigner may not own any landed properties in the Philippines. You can only get rights to condominium units. If you would like to pass on complete ownership to your wife, you may ask a lawyer later on to draft a letter as waiver and have it notarised, and perhaps just put your wife's name on the title to avoid paying twice on the transfer.

[grahamw48]

My EX-wife now owns a lot of property in the Phils.

[RickyR]

I would consult another lawyer, wording issues like this can be an absolute nightmare in the future. I have a friend who has an identical 'minor' mistake on his contract which he was assured isn't a problem, but has later been told that it means the contract could be null and void.

[johncar54]

I agree with those who have pointed out that as foreigners cannot own land then a waiver is pointless.

My wife is on her way to RP now with the waiver but I should appreciate to hear from anyone who has either had to provide a waver or has not had to.

Thanks

[Terpe]

Well John, from my own experiences I have never been asked, nor have I ever supplied any such waiver.
My wife has been the one to buy 4 house and lots in Phils.
To be honest we have not yet bought just a building lot.
We are considering a rice field but nothing signed up yet. No waiver ever been mentioned on this either.
Everything is in my wife's name. On two documents she has added 'married to Mr XXX a foreigner' but thats all.

Just my personal experience.


Thanks[/QUOTE]

[keithAngel]

Its not true to say you cant inherit conjugal property if that happened you have a "reasonable" time to sell

Its not clear why this should be required John and Im not going to speculate if its irrelevant to your post