Leasing Property

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Posted

I am aware you cannot lease property from your wife however what are the legalities should you have contracted a lease agreement with your then partner and marry later - will this lease be void ?

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Posted (edited)
30 minutes ago, insite said:

will this lease be void ?

It is void while you are married, but if you divorce her (which can be done in absentia with a quick trip to your home country) then it is likely the lease will once again be valid.  I base this opinion on the advice from this real estate site, that deals in Filipino relationships but doe not exclude filipina/foreigner relationships:

Quote

 

.. . .  upon being married, the couple’s properties are joined together as one estate , and any income or other benefits generated by it is considered shared. The same goes for properties acquired during marriage.

Should the union end and the couple files for legal separation or annulment, the properties purchased before marriage go back to being solely owned by the respective original owners . . . .

 

2

That statement in bold suggests to me that the wife would get the property back and you would get your lease back, but get legal advise as this is just an opinion based on watching and learning about the culture here.  In addition, possession is 9/10ths of the law.  If you stay in the house after a separation and the wife moves out, then I would suggest you have a MUCH stronger possition with regards to re-instating the lease.

Edited by Dave Hounddriver
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