Married in Phils but divorced in U.K. - Can I own half of the house in Cebu

[Superwang]

Please excuse if this has been dealt with before but I cannot find answers.....

My best friend married a filipina in Cebu and was married for 2 and half years. A divorce took place in the UK but the marital 5 beds home in Cebu is still subject to a final divorce financial settlement.
His ex wife now lives here in UK but her parents and family lives in the home in Cebu. His money paid for the house and he knows he cannot ever own the land...........however, could he still own all or half of the house? Have the parents & family got rights to still live in the house or are they protected by some Philippines Law of residence and cannot be evicted?

It is becoming messy but the ex wife uses her family in residence as a weapon and the UK court Judge is confused?
Any help of advice of similar cases is appreciated

maraming salamat

[sars_notd_virus]

a foreigner cannot own a land / property in the PH but he can be included in deed of absolute sale and land title ..is he named in both of them ??? ( ie..''maria madlangbayan married to john sutzel'') ..if he does ,then divorced the ex husband can claim something out of it.

[Moy]

this links may worthy for you to check up Superwang

http://www.bcphilippineslawyers.com/...ilippines/371/

[Terpe]

Superwang, your friend should post his story and question here if he is serious about getting serious answers.

The information you have provided, and maybe even know, is not detailed enough for a meaningful response.

Based on my experiences with two friends who were in similar positions, and based upon what they told me, the starting position for your friend is at this time and in principle zero.
In order to make any positive movement from that position your friend needs legal advice.
Did your friend have anything agreed in writing and signed by his wife and himself?

Are there any children involved? In a UK divorce the respective needs of any children come first in any final hearing.
When you say a UK divorce took place:-
- who was the petitioner?
- are you sure that the divorce has taken place? (absolute issued?)
- who has suggested the the house & lot in the Philippines is a viable asset for your friend? and on what basis? Is he named on any official documents?

[joebloggs]

as terpe has said, need more info,

a newbie who registered 4yrs ago

[fred]

Did your friend have anything agreed in writing and signed by his wife and himself?

Pretty sure it doesnt matter what she may have signed Terpe..
There is an anti sham/dummy law that the courts will use to make ANY such agreements null and void..
Its there to protect the bit in the R.P constitution that stipulates the Foreigners cannot own land.

Some good info in these links..http://philfaqs.com/live-there/land-...your-own-home/
http://philfaqs.com/live-there/why-i...-house-part-4/

[grahamw48]

Shame we don't have the same law. Seems like half our country is owned (and certainly run) by foreigners.

OP, you can kiss goodbye to 'your' property by the way.

[Moy]

[johncar54]

Shame we don't have the same law. Seems like half our country is owned (and certainly run) by foreigners.

OP, you can kiss goodbye to 'your' property by the way.

With the debts that the UK have, I thought all of it was owned but people outside UK !!!!

[Lei]

as what i've read foreigners cannot own a land but can own a building or condominium...

Superwang...if your friend's name is in the document for the house and lot I think he can fight for it...i think they can sell the property and share the money.

[Arthur Little]

as what i've read foreigners cannot own a land

Correct - or property - as far as I'm given to understand! But ... that is as much as I know.

[Dudley]

Thanks for sharing problem.
Some places where are you property purchase and some places if you have not nationality of this place you could not purchase any property. If you consult the local lawyer they give all the relevant information and your problem easily solve.

[Steve.r]

Thanks for sharing problem.
Some places where are you property purchase and some places if you have not nationality of this place you could not purchase any property. If you consult the local lawyer they give all the relevant information and your problem easily solve.

And what is your experience of this in the Philippines ....... or anywhere else in the world ? as you are currently in Pakistan and not in New York as your profile describes

[grahamw48]

Some people just can't bear to be left out of our fascinating conversations.

[Koala]

Not all is lost....If your wife owned the house and the title was in her name you are entitled to 50% of the money you paid for the land and house....How so.

I was going thru a divorce with my ex wife and I filed a case against her in the Dumaguete courts......The Judge told me its conjegul property....You only get 50% of the bank fee's that you can prove came from your bank account....You don't get the market value of today. In my case I could prove I paid 8m pesos for the house and lot........The Judges awarded me 4m.....Since she didn't have 4m pesos in her back pocket the Judge said you have other properties one must be given to me and put into the name of my choosing.....which she did and the deed of sale was drawn up and the Judge signed....By the way it was female Judges

There are hundred of foreigners who own big resorts and hotels that are married to pinoys who divorce and this is what has happened in the Supreme court in Manila....If there is appeal you will have to wait up to 10 years for it to come up in the Supreme Court.......Mine took two years in the Local Court.....No appeals......The Judge told me in her private Chambers with my Atty make a better choice in future with females and find one who you can trust......Not all is lost.

Koala