Right to own a Philippine property

Non-Filipinos do not have the right to acquire real estate properties in the Philippines. The easiest way for a foreigner to acquire real estate properties is to have a Filipino spouse purchase the property. Having a Filipino partner is also another alternative when acquiring a property. Either both share the property with equal rights, or the partner owns 51% or more and the remainder is owned by the foreigner. Special visas are available for foreigners who want complete and total control of a property. (More information on special visas).

Only Filipino citizens and corporations (at least 60% Philippine-owned) are entitled to acquire land in the Philippines. As an exception to this rule, a foreign acquisition of a Philippine real estate is allowed in the following cases:

* Acquisition before the 1935 constitution.

* Acquisition thru hereditary succession if the foreign acquire is a legal or natural heir. This simply means that when your married to a Filipino citizen and your husband/wife dies, you as the natural heir will become the legal owner of his/her property. The same is true for the children. Every natural child (legitimate or illegitimate) can inherit the property of his/her Filipino father/mother even if he/she does not any Filipino citizenship.

* Purchase of not more than 40% interest in a condominium project.

* Purchase by a former natural-born Filipino citizen subject to the limitations prescribed by law.

* Filipinos who are married to aliens who retain their Filipino citizenship, unless by their act or omission they have renounced their Filipino citizenship.

Owning of houses or buildings is possible as long as the foreigner does not own the land on which the house is build. The land can be leased by the foreigner on a long term contract, and the house can be legally his. (More information on foreign leasing).

Philippine Real Estate Laws

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