Transfer and Title Question

[Joey G]

5 years ago we paid for property that was purchased in our in-laws name and we also paid to have a house built on it.  Now we would like to transfer the land and the house over to my wives name. She is a balikbayan, a U.S. citizen, and is not currently a Filipino citizen. We both currently work and live in the U.S.   We plan to move to the Philippines and live there full time. We understand that my wife must reattain her Filipino citizenship to transfer the property and house to her name. Our in-laws have no problem with the transfer at all, as they knew what our plan was all along. 

Does the transfer of title (property and house) in this situation have any extraordinary pitfalls to it?  Reading a lot of other stories we understand there can be various complications, but assuming my wife successfully acquires her citizenship and our in-laws are completely onboard with this (they are), will we run into any resistance legally that isn't apparent? The "transfer" will not result in any cost per se, except what ever fees and taxes are required. Is there a way to determine what those may be?  We eventually plan to get a lawyer to assist in doing this. But would like to hear from anyone who did anything similar.

Thanks ahead!

[gbmmbg]

Hi, Joey. Did you and your wife draw up a contract stating that she is the sole owner of the house and lot and it is just being held in trust for her. The reason I ask is my wife trusted her two sisters with the title of her land and it was sold to developers. Sometimes family can be the hardest ones to trust. 

[hk blues]

56 minutes ago, gbmmbg said:

Hi, Joey. Did you and your wife draw up a contract stating that she is the sole owner of the house and lot and it is just being held in trust for her. The reason I ask is my wife trusted her two sisters with the title of her land and it was sold to developers. Sometimes family can be the hardest ones to trust. 

Only sometimes? 

[Gary D]

As a former filipino citizen your wife can still own property although a restricted amount. It could be straightforward but the Philippines rarely does straightforward. Is the title in the parants name? often if family land the title can be several generations old and all sorts of duties unpaid.

[Arizona Kid]

11 hours ago, Joey G said:

5 years ago we paid for property that was purchased in our in-laws name and we also paid to have a house built on it.  Now we would like to transfer the land and the house over to my wives name. She is a balikbayan, a U.S. citizen, and is not currently a Filipino citizen. We both currently work and live in the U.S.   We plan to move to the Philippines and live there full time. We understand that my wife must reattain her Filipino citizenship to transfer the property and house to her name. Our in-laws have no problem with the transfer at all, as they knew what our plan was all along. 

Does the transfer of title (property and house) in this situation have any extraordinary pitfalls to it?  Reading a lot of other stories we understand there can be various complications, but assuming my wife successfully acquires her citizenship and our in-laws are completely onboard with this (they are), will we run into any resistance legally that isn't apparent? The "transfer" will not result in any cost per se, except what ever fees and taxes are required. Is there a way to determine what those may be?  We eventually plan to get a lawyer to assist in doing this. But would like to hear from anyone who did anything similar.

Thanks ahead!

Is she a naturalized US citizen? She took the oath? Makes a big difference.

[Viking]

1 hour ago, Gary D said:

As a former filipino citizen your wife can still own property although a restricted amount. It could be straightforward but the Philippines rarely does straightforward. Is the title in the parants name? often if family land the title can be several generations old and all sorts of duties unpaid.

This is what we experienced when my father in law passed away. 25 years of unpaid taxes for the land 

[Joey G]

The land was purchased from outside the family. It was purchased with money we provided and the deed titled in the in-laws name.  The deed looks clear and was done with lawyers and recorded. There is no contract or agreement in writing with the in-laws, but there is no issue with her family at all with the transfer. Yes, she is currently a naturalized US citizen and has been for over 20 years.  Taxes have been paid all along. 

We're just wondering if some legal complication (governmental) will come up with a simple transfer with no "sale" per se .  I'm assuming there will be some sort of tax/fee we will have to pay. And while we won't be "paying" any money, we assume the transfer tax and fees will be based on the value of the property, and perhaps the house (??).  That might be an unexpected expense we didn't consider.

 

[Gary D]

4 hours ago, Arizona Kid said:

Is she a naturalized US citizen? She took the oath? Makes a big difference.

Yes makes a difference, she can own up to 5000 sq metres of residential land and 1 hectare of agricultural land.

[Guy F.]

Land titling has been suspended in in some touristy areas, including the municipality of Panglao (NOT the Dauis half of Dauis Panglao island).

[Old55]

27 minutes ago, Gary D said:

Yes makes a difference, she can own up to 5000 sq metres of residential land and 1 hectare of agricultural land.

This is what we understand the law to be as well.