The Legal Side of Real Estate

[dictum]

please enlighten me. ano po kaibahan pag ang nakalagay sa deed of sale is "married to" or "spouses".

 

sabi nila pag married to at nag hiwalay na kailangan lang ng affidavit of abandonment ok na where as sa spouses kailangan dumaan sa korte.

 

tia

 

For purposes of ownership of properties, the term "married to" may be argued as a description of the person's civil status as one who is "married" but it does not follow the property co-owned by the married couple. As such, in some cases, if you were to sell a property where the description is merely Mr. ABC married to Mrs. XYZ, Mr. ABC may be able to sell the property even without the marital consent of Mrs. XYZ.

 

If the description of the owners are "Spouses ABC and XYZ" it can be presumed that the married couple are the co-owners of the property. Thus, you cannot validly sell the entire property without the marital consent of the other spouse.

 

Hope this helps.

[play_boi]

For purposes of ownership of properties, the term "married to" may be argued as a description of the person's civil status as one who is "married" but it does not follow the property co-owned by the married couple. As such, in some cases, if you were to sell a property where the description is merely Mr. ABC married to Mrs. XYZ, Mr. ABC may be able to sell the property even without the marital consent of Mrs. XYZ.

 

If the description of the owners are "Spouses ABC and XYZ" it can be presumed that the married couple are the co-owners of the property. Thus, you cannot validly sell the entire property without the marital consent of the other spouse.

 

Hope this helps.

 

thanks!! i have a followup question. so if the owner declared that he or she is married during the time of happy relationship and soon after, the couple will be separated, is the husband or wife of the owner can run after the property? like what you said the owner can sign the DOAS without the consent of the husband or wife. unlike when both spouses signed the contract it is clear that both of them did agree to sell the property. please enlighten me. thanks in advance!

 

 

__________________________________________

 

Different Issue

 

to all the attorneys. what can you say about the issue of torres group who are assuming that they are the real owners of the 24 hec land in QC? if they have the original title, then what is the purpose of the title which the LRA has given to the present lot owners? i presume that those owners did some verification first from the RD before they build their buildings and homes. what if they have a certified true copy of those titles? which among the "real" title will be honored the mother title or the subdivided title?

 

thanks!

[rocco69]

One spouse cannot sell the property of the absolute community or conjugal partnership without getting the written consent of the other (if he/she cannot get the written consent of the other, he/she can go to court and get judicial authorization to do so).

 

If a married person sells absolute community property or conjugal partnership property without the written consent of the other spouse, the sale is VOID (see Art. 96, 124, Family Code).

 

Note that in the absence of proof one way or the other, property acquired DURING the marriage is presumed to belong to the absolute community/conjugal partnership. So, it is important to know when the property was acquired. If it was acquired while they were already married, its presumed to be absolute community/conjugal partnership property (See Art. 93, 116, Family Code).

 

Note also that if the property relations of the spouses is absolute community of property (which happens 99.9% of the time) all property owned BEFORE the marriage is also absolute community property (See Art. 91, Family Code).

 

Moral lesson: Kapag kasal ang seller, it is ALWAYS THE BETTER PRACTICE to get the consent of the other spouse, by having the other spouse sign the Deed of Absolute Sale at the end under the portion "With my marital consent", otherwise you run the risk of having the sale declared void when the other spouse suddenly questions why the property was sold without his/her consent.

 

P.S. Marital consent is, of course, not necessary if the property is exclusive but the burden of proving that it is exclusive falls on the buyer if it is proven that the property was acquired during the marriage (which could be hard if the seller does not cooperate)

 

 

DIFFERENT ISSUE:

 

It is difficult, if not impossible, to state an opinion on this issue when the documents involved are not presented. As of the present, we do not know what are the documents being used in the case.

 

However, note that if there are two titles over the same property, both of which have not been cancelled, the older one will prevail. If the mother title was never cancelled, it remains valid, as against another title issued on the basis of another more recent title. Again, without all the facts, we cannot whether this is the doctrine applicable in the Visayas Avenue/Sanville case.

 

 

thanks!! i have a followup question. so if the owner declared that he or she is married during the time of happy relationship and soon after, the couple will be separated, is the husband or wife of the owner can run after the property? like what you said the owner can sign the DOAS without the consent of the husband or wife. unlike when both spouses signed the contract it is clear that both of them did agree to sell the property. please enlighten me. thanks in advance!

 

 

__________________________________________

 

Different Issue

 

to all the attorneys. what can you say about the issue of torres group who are assuming that they are the real owners of the 24 hec land in QC? if they have the original title, then what is the purpose of the title which the LRA has given to the present lot owners? i presume that those owners did some verification first from the RD before they build their buildings and homes. what if they have a certified true copy of those titles? which among the "real" title will be honored the mother title or the subdivided title?

 

thanks!

Edited September 11, 2011 by rocco69

[play_boi]

One spouse cannot sell the property of the absolute community or conjugal partnership without getting the written consent of the other (if he/she cannot get the written consent of the other, he/she can go to court and get judicial authorization to do so).

 

If a married person sells absolute community property or conjugal partnership property without the written consent of the other spouse, the sale is VOID (see Art. 96, 124, Family Code).

 

Note that in the absence of proof one way or the other, property acquired DURING the marriage is presumed to belong to the absolute community/conjugal partnership. So, it is important to know when the property was acquired. If it was acquired while they were already married, its presumed to be absolute community/conjugal partnership property (See Art. 93, 116, Family Code).

 

Note also that if the property relations of the spouses is absolute community of property (which happens 99.9% of the time) all property owned BEFORE the marriage is also absolute community property (See Art. 91, Family Code).

 

Moral lesson: Kapag kasal ang seller, it is ALWAYS THE BETTER PRACTICE to get the consent of the other spouse, by having the other spouse sign the Deed of Absolute Sale at the end under the portion "With my marital consent", otherwise you run the risk of having the sale declared void when the other spouse suddenly questions why the property was sold without his/her consent.

 

P.S. Marital consent is, of course, not necessary if the property is exclusive but the burden of proving that it is exclusive falls on the buyer if it is proven that the property was acquired during the marriage (which could be hard if the seller does not cooperate)

 

 

DIFFERENT ISSUE:

 

It is difficult, if not impossible, to state an opinion on this issue when the documents involved are not presented. As of the present, we do not know what are the documents being used in the case.

 

However, note that if there are two titles over the same property, both of which have not been cancelled, the older one will prevail. If the mother title was never cancelled, it remains valid, as against another title issued on the basis of another more recent title. Again, without all the facts, we cannot whether this is the doctrine applicable in the Visayas Avenue/Sanville case.

 

thank you very much!!! i really appreciate it. as for the 1st issue it is now clear to me that whether "married" or "spouse" is written in the absolute sale both must have consent before they can sell the property.

 

Sir i heard that if the primary owner of the property eg ABC married to XYZ was abandoned or if XYZ died ABC may just file an affidavit of abandonment to sell the property. on the other hand if eg "Spouses ABC and XYZ" one of them dies there must be an extra judicial settlement. is it true sir?

 

_________________________________

 

2nd issue

 

wow! that is the big problem now. if the mother title has not been canceled then its really possible that this group may get the chance to posses the 2.4hec.

 

 

again thank you so much youve been very helpful!! God Bless

[dekimasen]

Good day po.

 

We bought a property and when the land title came out, there is a note which states:

 

Liabilities under section 4 rule 74: to creditors, heirs and other persons unlawfully deprived of participation in the state of the deceased XXXXXXXXX as extra judicially settled for a period of two years pursuant to section 4 rule 74of the rules of court.

Date of instrument: may 6, 2010

 

What does the note mean? what are the legal implications? Is it alright if we pay the property in full by this time?

 

tia

[gr8kisser_guy]

MASTERS,

 

SOMEONE IS OFFERING ME A "SANLA-TIRA" FOR HER HOUSE AND LOT. ANG SISTE, YUNG TITLE NG NASABING HOUSE & LOT AY NAKA-MORTGAGED PA SA BANGKO. WHAT'S THE BEST WAY TO HANDLE THIS.

 

1. DAPAT BANG BAYARAN NYA MUNA YUNG OUTSTANDING DUE NIYA FROM THE BANK THEN PA-TRANSFER KO YUNG ANNOTATION OF MORTGAGE FROM THE BANK TO ME...PARA MAY PANGHAHAWAKAN AKO IF IN CASE MAGDEFAULT SIYA NG PAYMENT SA BANK.

 

2. ANO YUNG KASUNDUAN OR CONTRACT SA GANITONG TRANSACTION.

 

PLEASE ENLIGHTEN ME ON THESE. THANKS.

[zilch45]

MASTERS,

 

SOMEONE IS OFFERING ME A "SANLA-TIRA" FOR HER HOUSE AND LOT. ANG SISTE, YUNG TITLE NG NASABING HOUSE & LOT AY NAKA-MORTGAGED PA SA BANGKO. WHAT'S THE BEST WAY TO HANDLE THIS.

 

1. DAPAT BANG BAYARAN NYA MUNA YUNG OUTSTANDING DUE NIYA FROM THE BANK THEN PA-TRANSFER KO YUNG ANNOTATION OF MORTGAGE FROM THE BANK TO ME...PARA MAY PANGHAHAWAKAN AKO IF IN CASE MAGDEFAULT SIYA NG PAYMENT SA BANK.

 

2. ANO YUNG KASUNDUAN OR CONTRACT SA GANITONG TRANSACTION.

 

PLEASE ENLIGHTEN ME ON THESE. THANKS.

 

Wala kang panalo dito. In case mag default sya payment sa bank, puede ka i-eject. In the first place, the owner cannot sell or mortage the property anymore as it is already mortgaged/encumbered to the bank. It's a 100% losing proposition for you. DON'T

[moed]

MASTERS,

 

SOMEONE IS OFFERING ME A "SANLA-TIRA" FOR HER HOUSE AND LOT. ANG SISTE, YUNG TITLE NG NASABING HOUSE & LOT AY NAKA-MORTGAGED PA SA BANGKO. WHAT'S THE BEST WAY TO HANDLE THIS.

 

1. DAPAT BANG BAYARAN NYA MUNA YUNG OUTSTANDING DUE NIYA FROM THE BANK THEN PA-TRANSFER KO YUNG ANNOTATION OF MORTGAGE FROM THE BANK TO ME...PARA MAY PANGHAHAWAKAN AKO IF IN CASE MAGDEFAULT SIYA NG PAYMENT SA BANK.

 

2. ANO YUNG KASUNDUAN OR CONTRACT SA GANITONG TRANSACTION.

 

PLEASE ENLIGHTEN ME ON THESE. THANKS.

Clarify natin itong issues na ito. Provisions ng Civil Code na relevant:

Art. 2130- A stipulation forbidding the owner from alienating the immovable mortgaged shall be void.

Art. 2129- A creditor may claim from a third person in possession of the mortgaged property, the payment of the part of the credit secured by the property which said third person possesses, in the terms and with the formalities which the law establishes.

 

Ibig sabihin ang malaking factor dito ay kung magano ang utang at kung magano ang value ng property. Kung ang utang ay mababa kumpara sa value ng property, walang problema at puede mo bayaran ang utang at lamang ka pa. Malamang hinde nya mabayaran ang utang nya sa banko kaya sinasanla sa yo ang bahay. Ibig sabihin nito, second mortgagor ka, kaya kailangan ang equity nya sa bahay ay masmalaki kaysa sa ipapautang mo sa kanya. Ibig sabihin ng equity nya sa bahay ay ang value ng bahay minus ang utang nya sa bangko. Kung P 1M ang bahay at ang utang nya sa bangko ay P 500 thou, ang equity nya sa bahay ay P 500 thou. Kung papautangin mo sya nang P 200 thou tapos singilin ka ng banko ng P 500 thou dahil hinde nya mabayaran, di nakabili ka ng P 1M na bahay for P 700 thousand. Problema lang nga ay kung may cash in hand ka o liquid ka pagsingil ng banko.

[tumbler]

Paconsult naman ako. I bought a condo unit (pre-selling stage palang) last year and hindi pa rin nag-start yun construction until now. Its on deferred payment scheme until 2013 and wala namang down but I am getting worried. Now I am planning to cancel sana. My question is ok lang ba mag-cancel and what are the typical penalties if any? I havent tried contacting the developer and will do so this week or after holidays siguro. Appreciate your inputs.

[Masternone]

Master's

 

Meron po ba kayong books or websites na matututunan ko ang real estate dito sa pilipinas, kasi as in wala akong alam kung papano bumili ng property baka kasi maloko ako pag meron akong mapaginteresan na property.

 

Thanks in Advance.

[moed]

Master's

 

Meron po ba kayong books or websites na matututunan ko ang real estate dito sa pilipinas, kasi as in wala akong alam kung papano bumili ng property baka kasi maloko ako pag meron akong mapaginteresan na property.

 

Thanks in Advance.

 

Real Estate in the Philippines by Edward L. Tan, P350 dati sa National Bookstore. Medyo comprehensive lang nga ito pati development ng subdivision.

[Masternone]

Real Estate in the Philippines by Edward L. Tan, P350 dati sa National Bookstore. Medyo comprehensive lang nga ito pati development ng subdivision.

 

======

 

maraming salamat po sir

[johnlove]

Masters, is there a law requiring condominium developers a deadline on the turning over of the condominium titles to the buyers after the full payment of a condominium unit?

If yes, how much time are we suppose to give to the developer to turn over the title to us before we seek the advise of a legal counsel?

Thank you.

[ehdzdj]

Sirs,

 

Can anyone here help me. I recently purchased a lot in San Pedro, Laguna under Pag-ibig financing (Developer: Filinvest) last 2008. The thing is, under various circumstances, I ended up working in Pampanga. I continue to pay up my monthly dues until now. This situation has led my to a couple of questions:

[ehdzdj]

Sirs,

 

Can anyone here help me. I recently purchased a lot in San Pedro, Laguna under Pag-ibig financing (Developer: Filinvest) last 2008. The thing is, under various circumstances, I ended up working in Pampanga. I continue to pay up my monthly dues, nevertheless. This situation has led my to a couple of questions:

1. Would it be possible to give up my loan and recover whatever I already paid up (monthly amortization, downpayment, etc.? How do I get about the process?

2. Can I just sell the lot, in case somebody's interested? can the buyer just pay me the amount I shelled out and continue paying the amortization.?

3. If in case I was able to sell the lot, can i initiate another housing loan with Pagibig?

 

I really would want to give up the lot since I do not want to burden myself paying for something I am not benefiting from. I do not look at it as an investment at this point. If any of you knows somebody (a buyer or an agent, perhaps) who's interesting in owning a 110 sq-meter lot in San Pedro Laguna, please let me know. The place is in a nice subdivision, not-flood-prone, accessible via muntinlupa, daang-hari and SLEX. Such features invited me to acquire a property there in the first place.

 

TIA