Title: "Ownership of Property in the Philippines: Certificates of Title and Foreign Spouses"

Question:

Is it correct that the certificate of title of a property can be named under both the Filipino spouse and the foreign spouse, such as "owner Maria Cruz married to Max Donald, an American citizen?" Will this pose any future problems if something happens?

Answer:

In the context of the Philippines, the ownership of land is regulated by the Constitution, specifically by Article XII, Section 7, which prohibits foreign ownership of land.

When it comes to the certificate of title, the land should be titled under the Filipino spouse's name alone if it is considered conjugal or community property. The foreign spouse's name may be mentioned in the title as the spouse of the owner, but this doesn't confer ownership rights on the foreign spouse.

For example, the title might state: "Maria Cruz, married to Max Donald." This does not mean that Max Donald owns the property; it is simply a statement of Maria's marital status.

If the property is purchased after the marriage, it may be considered conjugal property, meaning that both spouses have rights to the property's economic benefits. However, the legal title must remain in the Filipino spouse's name to comply with Philippine law.

It's essential to consult with a local attorney or real estate expert to ensure that your property's title is in compliance with Philippine law. The details mentioned above are general in nature, and there may be specific circumstances or new regulations that could affect your situation. Therefore, seeking legal advice from a professional who specializes in Philippine property law is highly recommended.