Philippine inheritance and foreign wills

The interplay of Philippine and foreign laws with regard to inheritance deserves more attention. What follows are introductory considerations for estate or succession cases involving both Philippine and foreign elements .   Contents How do people inherit property in the Philippines? How is the property divided if there is no will? What is a last … Continue reading Philippine inheritance and foreign wills

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?

Husband, wife and a joint last will and testament

Married people get used to making decisions about their family together. It becomes natural then, for them to talk about what they want to leave behind for their kids when they’ve both passed away. They often feel that they want to make this decision together too. But here they should be careful. If the spouses … Continue reading Husband, wife and a joint last will and testament

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

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. Discussed in: Understanding mortgage contracts in the Philippines     REAL ESTATE MORTGAGE AGREEMENT   KNOW ALL MEN BY THESE PRESENTS:   This Real Estate Mortgage Agreement executed … Continue reading Sample mortgage contract

Mortgage contracts in the Philippines

One of the problems with the law is that people don’t understand it. Even lawyers, who have actually studied and practiced it for years, argue with each other about what the law means. So it isn’t surprising that many people enter into a contract like a mortgage agreement without understanding that the provisions of that … Continue reading Mortgage contracts in the Philippines

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.

Legal separation in the Philippines

Legal separation is a court approved separation of husband and wife. It is not divorce. Under legal separation, the marital obligations and the property relations between the spouses are ended, but the marriage bond is not dissolved unlike in divorce or annulment.