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Cool ICE-Philippines

Renting a Home, then Buying a home at Davao City,,,

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Any lease must registered otherwise it can easily be broken.

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You mean broken by leasers taking the land back? After you've paid the down payment, ?,,, I agree with every quote,,, I' prefer renting while building,,, and placing titles in the kids names is an option,,, thanks for the highlights,, will be arriving in late October,,,, thanks is once again folks,,,

Edited by Cool ICE-Philippines

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21 minutes ago, Cool ICE-Philippines said:

placing titles in the kids names is an option

People think so until there is a problem.  Then they find out that the mother is always 100 percent guardian with 100 percent control of that house anyway, until the kids turn legal age.  Get legal advise if you go that route. (Advise as in ask the lawyer not tell him what you want done.  That is a common failing amoung foreigners.  A Philippine lawyer will do whatever you want to pay him for whether he thinks you should or not.)

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I did not know that,,,that's good advice,,, thank you,,,its better for me to take this knowledge and run with it,,, I certainly am thankful for he help,,,have a wonderful evening,,, here from Anchorage,,,

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I just put everything in my wifes name personally. If your wife is mad enough to try and rip you off for a few mil pesos then she's probably mad enough to do a lot worse anyway. Only needs to go and tell the police and/or immigration that you hit her and you'd be giving her whatever she wanted anyway.

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Renting, leasing and buying is a minefield.  For every article in the law that says you cannot do it, there is another which suggests a way you can, and then vice versa.  You definitely need a lawyer but if you want to get an idea for how convoluted it is, check out the Law Library link here:

http://www.chanrobles.com/civilcodeofthephilippinesbook4.htm

Start reading with

Quote

 

Book 4: Obligations & Contracts
Title VIII. – LEASE

CHAPTER 2 > LEASE OF RURAL AND URBAN LANDS

SECTION 1. – General Provisions

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)

 

Then find out who the mean in Articles 1490 and 1491

Quote

 

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. 1491. The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or through the mediation of another:
(1) The guardian, the property of the person or persons who may be under his guardianship;

(2) Agents, the property whose administration or sale may have been entrusted to them, unless the consent of the principal has been given;

(3) Executors and administrators, the property of the estate under administration;

(4) Public officers and employees, the property of the State or of any subdivision thereof, or of any government-owned or controlled corporation, or institution, the administration of which has been intrusted to them; this provision shall apply to judges and government experts who, in any manner whatsoever, take part in the sale;

(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and employees connected with the administration of justice, the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property and rights which may be the object of any litigation in which they may take part by virtue of their profession.

(6) Any others specially disqualified by law. (1459a)

 

That last sentence would indicate that foreigner, who cannot own land, cannot lease it.  But we all know they can.  To figure out how that is done, you can read the entire Civil Code of the Philippines here http://www.chanrobles.com/civilcodeofthephilippines.htm  OR consult a lawyer OR get your advise from a forum full of foreigners.  Its up to you.

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5 hours ago, Dave Hounddriver said:

Renting, leasing and buying is a minefield. 

Thanks for your helpful comments Dave!:smile:

I have tried to be really careful with this deal. I researched the various laws as best I could and my lawyer helped point the way. She has been most helpful and has experience with real estate deals. Of course I may never know until/unless something unexpected happens, but lease contract and other details seem to be totally in order.

Edited by Tommy T.
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12 hours ago, Gary D said:

I assume the lease is in L's name as only a national can lease for 99 years. As a foreigner you are only allowed 25 years plus 25 year extension. Yes you can own the building but keep all building receipts.

Gary, thanks for your advice.:cheersty:

Just curious, can you tell me the source of your information regarding lease duration?

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