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I am a U.S. citizen, married to a Filipina who became naturalized in the U.S. in 2000, then in 2007 required her Philippines citizenship and so now holds dual citizenship. In 2001 we provided the funds for my wife’s brother to purchase a home in Caloocan City, Luzon, with the understanding that my wife would one day become the actual owner. The house is not encumbered by a mortgage.
The brother is listed on the deed as “Name, of legal age, Filipino, single” The brother became married and fathered two children. Then his wife left, took the children, and moved to a distant province. Although the brother made several attempts to pursuade his wife to come home, not only was he rebuffed, he was also physically assaulted and threatened with a gun.
However, prior to leaving him, the wife had previously signed a notarized document representing that she had no financial interest in the house. [I haven’t seen this document yet, so I don’t know precisely what it says.]
My wife and her brother are in agreement to transfer ownership of the house from him to her. Question: Can ownership be transferred without the involvement of the wife? If not, what procedures need to be followed, and what documents need to be executed?
My wife would like to use the home as collateral in order to secure a loan to do repairs and remodeling to the home. One bank official has advised that she should utilize a ‘deed of donation’ . I’m wondering what the ramifications are of using a deed of donation, including whether it could be viewed as a cloud on the title in the event of a future resale of this property?
I have just found this website, and hope this post is not too long. I am sending this message from New Hampshire, and will be most thankful for any advice.
Ken F.
The brother is listed on the deed as “Name, of legal age, Filipino, single” The brother became married and fathered two children. Then his wife left, took the children, and moved to a distant province. Although the brother made several attempts to pursuade his wife to come home, not only was he rebuffed, he was also physically assaulted and threatened with a gun.
However, prior to leaving him, the wife had previously signed a notarized document representing that she had no financial interest in the house. [I haven’t seen this document yet, so I don’t know precisely what it says.]
My wife and her brother are in agreement to transfer ownership of the house from him to her. Question: Can ownership be transferred without the involvement of the wife? If not, what procedures need to be followed, and what documents need to be executed?
My wife would like to use the home as collateral in order to secure a loan to do repairs and remodeling to the home. One bank official has advised that she should utilize a ‘deed of donation’ . I’m wondering what the ramifications are of using a deed of donation, including whether it could be viewed as a cloud on the title in the event of a future resale of this property?
I have just found this website, and hope this post is not too long. I am sending this message from New Hampshire, and will be most thankful for any advice.
Ken F.
