Dear Attorney,

I am a Filipino who recently obtained U.S. citizenship and was married to a Filipino citizen. After moving to the U.S., we got divorced. Given this situation, I am uncertain about the division of our shared properties. Some of our properties are in the Philippines, while others are in the U.S. How will the divorce affect the ownership and division of these properties, especially the ones located in the Philippines? Are the divorce laws in the U.S. recognized in the Philippines, and how will this impact property rights in both countries?

Thank you for your insights.

Insights:

In this scenario, several legal principles must be considered, given the interplay between Philippine and U.S. law. The Philippines and the U.S. approach marriage dissolution and property division quite differently, which complicates matters when one party is a U.S. citizen, and the other is a Filipino citizen.

Recognition of Divorce in the Philippines: The Philippines does not generally recognize divorce between Filipino citizens. However, in cases where a Filipino citizen is married to a foreign national, and that foreign national obtains a divorce abroad, Philippine law allows the Filipino spouse to file for recognition of the foreign divorce decree. Since you, as a Filipino citizen who became a U.S. citizen, obtained the divorce in the U.S., the divorce would need to be recognized by a Philippine court for it to be valid in the Philippines.
Property Division Under Philippine Law: In the Philippines, property relations between spouses are governed by the Family Code. If no prenuptial agreement exists, the property regime defaults to absolute community of property, meaning all properties acquired before and during the marriage become part of the community property. Upon divorce (or annulment, in the case of the Philippines), this community is dissolved, and the assets are equally divided.

However, since the Philippines does not automatically recognize foreign divorces, the division of properties located in the Philippines would follow the rules on legal separation or annulment under Philippine law, not divorce. You would need to file a petition to recognize the U.S. divorce decree in Philippine courts before moving forward with property division.
U.S. Property and Divorce Law: In the U.S., divorce law varies from state to state, but typically, property acquired during the marriage is subject to division according to either community property or equitable distribution rules, depending on the state. Because you were divorced in the U.S., the properties located in the U.S. would likely have been subject to division according to U.S. law during the divorce proceedings.
Jurisdiction Over Properties in the Philippines: While the U.S. court may have jurisdiction over properties located in the U.S., it does not have jurisdiction over properties in the Philippines. This means that for properties located in the Philippines, any division or claims must be processed through Philippine courts. This often requires additional legal steps, including the aforementioned recognition of the foreign divorce decree.
Inheritance and Succession: It's important to note that under Philippine law, property rights also include rules on inheritance. Even if the divorce is recognized and the property division is settled, Filipino law on compulsory heirs could still apply, affecting the ultimate disposition of properties in the Philippines upon the death of either spouse.

In summary, while U.S. divorce law governs the properties located in the U.S., the properties located in the Philippines will be governed by Philippine law. You will need to take steps to have your U.S. divorce recognized in the Philippines, and only then can the Philippine properties be divided according to the relevant legal regime. Consulting with legal professionals in both the U.S. and the Philippines is essential to ensure your rights are protected across both jurisdictions.