Buying Land in the Philippines - Protecting the US Citizens Interest

[Joe Kano 327]

Why can't you just have a contract drawn up in the USA stating that if you get a divorce or you separate the land in the Philippines must be sold at market value within a certain time frame?

 

Wouldn't this protect the US Citizens interest? 

[Hank_ 9,174]

No.     You going to try and enforce that USA contract in a Philippine court?

 

 

[Joe Kano 327]

14 minutes ago, Hank_ said:

No.     You going to try and enforce that USA contract in a Philippine court?

 

 

I was more concerned about enforcing the contract in a US court

[payxibka 10,045]

8 minutes ago, Joe Kano said:

I was more concerned about enforcing the contract in a US court

To what end?  How could a US court enforce the sale?  They don't have jurisdiction or authority to enforce it. 

[John & Rose 7,239]

5 hours ago, Joe Kano said:

I was more concerned about enforcing the contract in a US court

So you win?  The US court doesn't have jurisdiction in the Philippines.  You will have a piece of paper that isn't worth the paper it is printed on.  So you take that paper to the Philippines and they do what?  Nothing.  It would be nice but protecting your rights as an American probably would not be a priority in a foreign court.  

[aaron2020 11,651]

5 hours ago, Joe Kano said:

I was more concerned about enforcing the contract in a US court

A US court will have zero jurisdiction over a foreign person and foreign land.  The power of our courts ends at the US border.

Here's the general rule about real estate.  The legal filing with the local land authority is gold.  That's why the deed filed with your local authority is gold.  

If you have a contract, the deed is still gold.

You want a contract about land in the Philippines, then have a consultation with a Filipino lawyer.  

Edited April 21, 2021 by aaron2020

[Joe Kano 327]

17 hours ago, aaron2020 said:

A US court will have zero jurisdiction over a foreign person and foreign land.  The power of our courts ends at the US border.

Here's the general rule about real estate.  The legal filing with the local land authority is gold.  That's why the deed filed with your local authority is gold.  

If you have a contract, the deed is still gold.

You want a contract about land in the Philippines, then have a consultation with a Filipino lawyer.  

My wife father and sister are both lawyers in Philippines.  This is dealing with US judicial system and US agreement and US contract.

[Joe Kano 327]

22 hours ago, payxibka said:

To what end?  How could a US court enforce the sale?  They don't have jurisdiction or authority to enforce it. 

I don't want them to enforce a sale, I want them to enforce a US Contract. How ever it written like in case of divorce, other party pays half of purchase price.

Get it now?

[Talako 781]

1 hour ago, Joe Kano said:

I don't want them to enforce a sale, I want them to enforce a US Contract. How ever it written like in case of divorce, other party pays half of purchase price.

Get it now?

You are either not reading the responses or not liking the answers.  Re-explaining the issue won't change the answer.

 

A judgement in a US court can not be enforced in another country's jurisdiction.  The judgement has to be recognized in the foreign court.  Good luck with that.

 

A simple google search would have answered your question.  

[payxibka 10,045]

1 hour ago, Joe Kano said:

My wife father and sister are both lawyers in Philippines.  This is dealing with US judicial system and US agreement and US contract.

Is everyone who is party to the contract a US person?  

 

 

[payxibka 10,045]

1 hour ago, Joe Kano said:

I don't want them to enforce a sale, I want them to enforce a US Contract. How ever it written like in case of divorce, other party pays half of purchase price.

Get it now?

Please reread your first post where you clearly said SELL at market value within a certain time frame.   

[Joe Kano 327]

1 hour ago, payxibka said:

Is everyone who is party to the contract a US person?  

 

 

Yes

1 hour ago, payxibka said:

Please reread your first post where you clearly said SELL at market value within a certain time frame.   

I was scattershotting while thinking

[Joe Kano 327]

1 hour ago, Talako said:

You are either not reading the responses or not liking the answers.  Re-explaining the issue won't change the answer.

 

A judgement in a US court can not be enforced in another country's jurisdiction.  The judgement has to be recognized in the foreign court.  Good luck with that.

 

A simple google search would have answered your question.  

Incorrect

 

This would be a US contract drawn up in the US, and signed by both parties in the USA.  This is more of dealing with finance rather than physical property

[Talako 781]

2 minutes ago, Joe Kano said:

Incorrect

 

This would be a US contract drawn up in the US, and signed by both parties in the USA.  This is more of dealing with finance rather than physical property

You're changing the fact pattern.

[Joe Kano 327]

53 minutes ago, Talako said:

You're changing the fact pattern.

Yes, I know

 

I am thinking this thru. I didn't want to start a new post.

 

So what you think about everything done in the USA and have a buyout clause in case of split or divorce?