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stevewool

Hands up, I made a big mistake

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I have invested only enough that I'd be able to walk (or be carried) away from. 

If the Mrs has got bigger ideas, she can pay for them with her own funds (ie...get a job). 

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1 hour ago, stevewool said:

I have tried telling arms that until I am blue in the face and all I get is ( my family won’t do that) ok they may not but I guarantee the brother in laws will be demanding there wives for the share .

If your wife paid for the property and put it in her parents' name, it is their's. You are acutely aware of the Inheritance laws and what will eventually transpire. She is in denial or over estimating the moral civility of the other family inheritors. Despite the fact that it was her filial generosity that provided her father with decent housing in his later years, they will see it as having been her duty since she was the 'lucky one', who got to emigrate and gain the wealth for it. 

The thinking is that anyone of them would have done the same, had they the same opportunity.   ( Imaginary self virtue in hypothetical situations is the norm.)  So when the father passes, they will have no moral qualms about claiming their legal and rightfully deserved inheritance portion.

You know this. She probably knows it as well, but like Blanche Duboise in 'A Street Car Named Desire', she optimistically prefers to see the world as a civil and kind place where,  ".... I have always depended on the kindness of strangers." , people do the right thing.

Blanche's faith in others (family) proves misplaced. Her law-of-the-jungle , brother-in-law (Stanley) rapes her in the end.  

It is an acclaimed classic for  variety of reasons. But one take-away is..... don't depend on blood or in-laws to do the right thing by you. 

Almost without fail, all I ever hear from Filipina's husbands when back in the states, is how the relatives here are ripping them off, deceiving and preying upon the good and saintly natures of their self-martyr wives.

Maybe the Mrs. will be content and satisfied with her partial share of the inheritance when the day arrives. You might ask her if she could accept and live with that with no rancor..... bearing no ill-will.

If not..... (assuming she paid for father's property), she might ask him to sell it back to her so she retains sole legal ownership. Reason: To avoid fratricidal wars, family fracturing, and family disharmony. Most parents would prefer their children to live together harmoniously when they are gone.

He could sell it to her for 'P 100 plus other considerations'  (remains undisclosed, unspecified and only privately known to parties involved). 

Just  few random thoughts on the matter.  

Maybe the two of you will just wash your hands clean and walk away from the matter...... off to a better place and simpler life.

 

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13 minutes ago, manofthecoldland said:

If your wife paid for the property and put it in her parents' name, it is their's.

True and the estate laws are... complicated.

https://www.plazolaw.com/civil-law/order-of-succession-dividing-the-estate-among-heirs/

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3 hours ago, manofthecoldland said:

 

Maybe the two of you will just wash your hands clean and walk away from the matter...... off to a better place and simpler life.

 

My hands are washed , just trying to wash Emma’s but she insisted on wearing marigolds , May have to put some pin holes in them sooner then later.

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Why do expats buy anything in the philippines other than a red horse?

Point being, i have only visited once, but there is no way in heck, I would build or buy a house there.

If I was a dieing  man, and had a good girl that was loyal for several years, then maybe, just so she had a place to stay.

But other than that, you rent there, don't buy. There is no upside to a foreigner buying there, Especially with the way property laws are there.

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On 2/14/2020 at 4:13 AM, GeoffH said:

Nice link... and if it was this "simple", it would almost be manageable... but it's compounded by compulsory heirs never consolidating... and an exponential increase in compulsory heirs to the estate as each generation passes.   

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1 hour ago, Joey G said:

Nice link... and if it was this "simple", it would almost be manageable... but it's compounded by compulsory heirs never consolidating... and an exponential increase in compulsory heirs to the estate as each generation passes.   

It would be helpful for all future "buying home-property" questions we include Joey's statement with the link Geoff provided.

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On 2/13/2020 at 3:24 AM, Old55 said:

Sorry it came to this Steve. Good thing is you both did try and there are no serious bad feelings. You can move on literally with your lives in a new location but still visit loved ones. Much easier to love from a distance. Two Island Rule? :whistling:

I adhere to the Three Island Rule. We are on one island, they are on another island and there is a third island between the first two. With that much distance the risk of overnight visits is increased, but in my case those have been rare.

It could also be called the Two Province Rule.

Edited by Guy F.
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3 hours ago, Old55 said:

It would be helpful for all future "buying home-property" questions we include Joey's statement with the link Geoff provided.

I have no idea how to do that... :89:

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On 2/14/2020 at 4:54 PM, manofthecoldland said:

If your wife paid for the property and put it in her parents' name, it is their's. You are acutely aware of the Inheritance laws and what will eventually transpire. She is in denial or over estimating the moral civility of the other family inheritors. Despite the fact that it was her filial generosity that provided her father with decent housing in his later years, they will see it as having been her duty since she was the 'lucky one', who got to emigrate and gain the wealth for it. 

 

There is a bit of a work around regarding ownership.

It's called a Deed of Donation. It is a form that can be created, signed by the owner(s) of record and dated. It provides that - depending on the terms included in the specific document - upon the mental disability or death of the owner(s), the property will be gifted or donated to whomever they name in the document. If it is used, then there is tax involved. If it is used after a number of years, the tax adds up. So the thing to do is consider updating a new one annually with the then current date.

From what I read in Steve's posts, it would seem best - if they go this route - to keep it secret and not on the actual premises, but somewhere secure. Of course, at the time it did take effect I could imagine an inter-family war breaking out between the giftee and the rest of the family - almost any family here, not just Steve's wife's clan?

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