A simpler way to divide conjugal property

Legal separation can be a clumsy, acrimonious way to end marriage relations. It falls short of actual divorce, and it is a problematic process even as a way to divide conjugal properties between husband and wife. Because legal separation requires that one spouse (and only one, not both) must be at fault for it to be … Continue reading A simpler way to divide conjugal property

How is the marriage property divided in legal separation?

  The rule in legal separation is that the spouse at fault shall have no right to any share of the net profits earned by the couple’s common property during the marriage. His or her share of the net profits is forfeited in favor of the children or the innocent spouse. What does net profits mean? … Continue reading How is the marriage property divided in legal separation?

Filipinos, foreigners, and real estate in the Philippines

These are the basic rules on land ownership: A Filipino citizen can own land in the Philippines. A foreigner cannot own land unless he is a former Filipino citizen or he happened to inherit that land. For a corporation to own land, at least 60% of that corporation’s capital must be owned by Filipino citizens. … Continue reading Filipinos, foreigners, and real estate in the Philippines

Excluded heirs and disinherited children

A father died and left behind property. In his last will and testament, he allotted all his property to his daughters. The father also left behind a son, but the son was not left anything in the will. He was not even mentioned in the will. Can the son question the will and have a … Continue reading Excluded heirs and disinherited children

Sample mortgage contract

Discussed in: Understanding mortgage contracts in the Philippines Important: Mortgage agreements should be annotated on the Title to the property at the Register of Deeds in order to be effective against persons who are not party to the contract. REAL ESTATE MORTGAGE AGREEMENT   KNOW ALL MEN BY THESE PRESENTS:   This Real Estate Mortgage Agreement executed by and … Continue reading Sample mortgage contract

Recognizing foreign divorce in the Philippines (Process)

Recognition is a judicial process where both the foreign divorce and the foreign divorce law need to be proven in Court. You will need to file a Petition for Recognition of Foreign Divorce with the Regional Trial Court in the Philippines. You will need to get a lawyer to prepare and conduct the case.

Do you need a Court declaration that you are an heir before you can protect your inherited property?

Is it always a necessary for an heir to institute an inheritance case in Court before she can exercise legal rights to a property which she inherited? Must some Court declare her to be an heir before she can file a case to protect the inherited property? Is it a prerequisite that the estate of one who … Continue reading Do you need a Court declaration that you are an heir before you can protect your inherited property?