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Buying A Property Owned by a Filipino Citizen Whose Husband is a Japanese Citizen

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ahsebandal


Arresto Menor

Smile Hi Pinoy Lawyers!

I am planning to buy a parcel of land.  The land's title is under the name of the Filipino wife married to the Japanese husband.  They were married after 1988.  The husband always travels abroad.  The wife is here in the Philippines together with their son.

1.  Considering that foreigners are not allowed to own real properties under Philippine Law,  should I require the husband to execute an SPA?

2.  Should an SPA is required, does the wife needs to sign "With Full Marital Consent" on the face of the SPA?

Thank you for your advice

Allan

attyLLL


moderator

you will only need the wife's signature, not the husband's, especially if on the face of the TCT, it already states that he is a foreigner.

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ahsebandal


Arresto Menor

The title bears only the name of the husband.  It does not indicate that he is a japanese citizen or a foreigner.  Should requiring him to provide a copy of his passport suffice?  Are there other documents that I should require the husband to submit?

Thank you again
Smile Smile

attyLLL


moderator

ask for a certified copy of their marriage contract also

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