Who owns the property when your dead

[stevewool]

I know I cannot own a property , but what happens if we did buy a place in Emma’s name and after awhile she leaves this earth before me I’m sure I could stay in that said place , but if my children decide to come and live with me in the home and I then leave this earth could my children stay and live in  that house for ever sort of thing 

[Viking]

I am not sure about this but I don't think your children can keep the house after you are gone, unless Emma is their mother. I have even seen that a foreigner has to sell the house if the wife pass away before him.

This is an interesting topic and I would also want to know what is the facts and not rumors.

[scott h]

6 hours ago, stevewool said:

but if my children decide to come and live with me in the home

Good question Steve. I am going from memory here so I might be wrong in some details. The bottom line is that if you and Em have kids in the UK they can become dual Philippine citizens as long as it is BEFORE the age of 18, then they can legally own the property.

6 hours ago, stevewool said:

I’m sure I could stay in that said place

If memory serves, if you get your 13A visa when you get here, and Em predeceases you there is an adjustment to the 13A visa (let's call it the widower's clause for convenience) that BI grants that allows you to stay indefinitely. As living in the house and property? That would be the least of my concerns. As long as you continue to pay the property taxes and all other bills, I really don't see anybody giving you any grief as long as you are not a complete buffoon. For example, our water bill is still in the wife's grandmothers name, and she has been dead for at least 40 

6 hours ago, stevewool said:

could my children stay and live in  that house for ever sort of thing

Now this is pure supposition, but as long as they had the keys to the house, you and them on good terms with your neighbors, all taxes and utilities are continued to be paid they could probably come and vacation in the house indefinitely. The reason I say this is that in the subdivisions in our area there are scores of vacant homes where the kids have all migrated, the parents either died of followed them and they just sit vacant year after year.

6 hours ago, stevewool said:

I know I cannot own a property

This aspect concerns me personally. My wife and I have no children, so who gets the house? I have four Philippine born nieces, two now Australian and two American citizens. I have already told them that first one who gets their dual citizenship gets the house and property put in their names to do with as they please upon our passing. So far..................crickets 

GUYS! Like I said, this is from memory. If I am in error, don't savage to much in your reply's. 

 

[Mike J]

Used google to find this article from a law firm.  It appears the answer is Yes to your first question.  But it cannot be via a will.  But your wife's relatives would be entitled to a portion.  I believe that portion would be 1/4 of the jointly owned assets. 

https://lawyerphilippines.org/can-a-foreigner-inherit-land-in-the-philippines/#:~:text=Yes%2C a foreigner may inherit land from their Filipino Spouse&text=The Philippine laws that apply,if there is no will.

<snip>

A foreigner can inherit land in the Philippines from a Filipino spouse but only under Hereditary Succession.
The Philippine laws that apply here are the 1987 Constitution of the Philippines and the 1949 Civil Code inherited from Spain. These cover the Inheritance Rights of a surviving Spouse Philippines.

A green Field with buildings in the far distance signifying Philippine Inheritance Law and the inheritance rights of a surviving spouse Philippines.
A foreigner can inherit Philippine land if there is no will. Default inheritance rules will then come into play.

 

Sections 3 and 8 of Article XII of the Constitution famously restrict the ownership of land by individuals to Filipinos and former Filipinos.

However, Section 7 of the same Article allows foreign citizens to own land by way of legal inheritance.

Section 7: “Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.”

Note that Section 7 speaks of Hereditary Succession.

In legal speak, this means that a foreigner can acquire land through Intestate Inheritance, i.e. the default laws on Inheritance which are not transfers of ownership by way of a Last Will and Testament.

Or to make it clearer – a foreign national can inherit land from their Filipino spouse under Philippine Inheritance Law. BUT a foreign national can not inherit land where it has been left to them in a Will by someone who is not their deceased spouse.

Three red roses laid on a church bench to denote a funeral. Can a foreigner inherit land in the Philippines? Only from their Spouse!
A foreigner cannot inherit land through a Will.

The Philippine Supreme Court has ruled that a Transfer of Ownership to a foreigner by way of Last Will and Testament would be Unconstitutional.

“We are of the opinion that the Constitutional provision which enables aliens to acquire private lands does not extend to testamentary succession for otherwise the prohibition will be for naught and meaningless. Any alien would be able to circumvent the prohibition by paying money to a Philippine landowner in exchange for a devise of a piece of land.”

<end snip>

 

[JJReyes]

I researched this topic a while back and the laws could have changed.  As a former Filipino who owned land in the Philippines before changing my citizenship, I can pass the properties to my children through my estate even if they are both born in the United States and are American citizens.  However, they are required to sell the properties within a reasonable amount of time and retain the proceeds after payment of Philippine estate taxes.  My wife cannot inherit.

Therefore, Emma, as a natural born Filipina, can bequeath the property to the children.  The lawyer was not clear how much time they are given to sell because of the extensions.  It sounded like they could take their sweet time provided no-one comes forward to contest ownership.  

[JJReyes]

Mike J has a better explanation then what I was able to recall from a conversation with my lawyer.  It was posted while preparing my response to the topic.

[hk blues]

4 hours ago, JJReyes said:

 It sounded like they could take their sweet time provided no-one comes forward to contest ownership.  

But therein lies the problem and the crux of the matter - if no-one is going to contest ownership then Steve can file his concerns under irrelevant and stop worrying.

But, we are talking about the Philippines so how can anyone possibly suggest nobody will contest ownership - there is money up for grabs and surely you know better than any of us what that results in.

It will become an issue.

[Old55]

Steve, respectfully and no offense intended. You have shared that Em's immediate family have a long history of greed and acting out. 

Renting offers little finical risk and affords flexibility as conditions may change. 

[craftbeerlover]

11 hours ago, Viking said:

I have even seen that a foreigner has to sell the house if the wife pass away before him.

Not true, I personally know an individual that this has happened to... He explained it to me before, but I forgot the details.   I can ask him, but I know for sure he did not have to sell the house, he did not sell the house, and he still lives in the house.   His wife's daughter will get the house when he passes. 

[Clermont]

1 hour ago, craftbeerlover said:

His wife's daughter will get the house when he passes

That is right, but Steve I wouldn’t worry about it, I did all of what your doing before I came over and worried about all possibilities, in the end we settled on her son. I’ve followed your  posts over the years and somewhere I think you have a rely that ‘Em can relay on not to kick you out if she beats you to the pearly gate, other than that, you’ve no other option but a trusted rely