Need Help on Title Transfer

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E-up tah neh, to gather valuable inputs!

[spartan301]

Bro, how about sa amo case. Mom purchased the lot, then since 2 ra mi gebahin na by means of deed donation being her legal heirs.
Karon the lot was equally divided into 2 portions between me and my brod.
Akong concern is... this subject lot is naay haus owned by my mom which is nasud sa ko bahin.
I am on the verge of processing the title na under my name tutal signed naman ang deed of donation plus my bro also iya na gepaulian iya portion sa akoa.
Technically, I owned the entire 300 sq.m lot.

Can somebody here knowledgeable enuf in this area that can share me an advice me on unsay angay buhaton sa haus ni Mader, btw negasto nako ug dako2 renovate aneh balaya?

In accordance to the law, angay bah neh nako bayran si Mama sa iya nagasto sa haus?

I value all inputs on this.

THanks, istoryans...

Plain n simple answer - NO... All improvements now belongs to the lot owner... Watever improvement erected on yur property can now be considered "squatting"... Id assume the house has a tax dec under yur mom, if no tax dec on d improvement, then theres no issue...
On the personal note thou, given d mode of transfer was thru deed of donation, why not just pay yur mom d fair market value of the house?

[miramax]

Plain n simple answer - NO... All improvements now belongs to the lot owner... Watever improvement erected on yur property can now be considered "squatting"... Id assume the house has a tax dec under yur mom, if no tax dec on d improvement, then theres no issue...
On the personal note thou, given d mode of transfer was thru deed of donation, why not just pay yur mom d fair market value of the house?

Thanks bro for the enlightenment. much, much appreciated.
As far as Taxes are concerned, updated ang taxes aneh. In fact, advance gani permi ako bayad. Kay I have some strings man sa amo munisipyo so I arranged the payments thru bank transfer. But the house has a different Tax Dec which is ako sad gehapon gabayad regularly sa amelyar given nga ako ray naay resources pagbayad.
Wa man koy isyu in paying my mom what is due for her; my primary concern kay what if in the future mamolabog nya ako igsoon kay maimpluwensyahan sa iya asawa kani ra bah bro mga tapik lang mao ra ba nooy agrabyado kaayo.

[spartan301]

Thanks bro for the enlightenment. much, much appreciated.
As far as Taxes are concerned, updated ang taxes aneh. In fact, advance gani permi ako bayad. Kay I have some strings man sa amo munisipyo so I arranged the payments thru bank transfer. But the house has a different Tax Dec which is ako sad gehapon gabayad regularly sa amelyar given nga ako ray naay resources pagbayad.
Wa man koy isyu in paying my mom what is due for her; my primary concern kay what if in the future mamolabog nya ako igsoon kay maimpluwensyahan sa iya asawa kani ra bah bro mga tapik lang mao ra ba nooy agrabyado kaayo.

if the transfer of yur bro's share is thru deed of sale wherein his spouse also signed, then hes gotta have some strong docs to declare d sale as null n void... Once transferred (the lot) under yur name, the worst he can do is thru attachment of "adverse claim"... U shud worry about this if yur sellin the property, otherwise, jst brush it aside... He'll need some serious money to get this into the "lis pendens" category...

[miramax]

if the transfer of yur bro's share is thru deed of sale wherein his spouse also signed, then hes gotta have some strong docs to declare d sale as null n void... Once transferred (the lot) under yur name, the worst he can do is thru attachment of "adverse claim"... U shud worry about this if yur sellin the property, otherwise, jst brush it aside... He'll need some serious money to get this into the "lis pendens" category...

Thanks again bro.
This is very informative, indeed!
So does this also means that maski ang portion sako igsoon iya gebaligya nako karon, if mahuman ang deed of sale given the fact nga it was his inheritance from our mom and not a conjugal property his wife needs to signed pa gyud diay?

BTW, ako ge-installment bayad ako bro sa iya portion in the form of issuing cheques.
We photocopied the issued cheques and he make an a note on it affixed his signature " Partial payment for mr.XXX lot portion XYZ lot situated at blah, blah...TCP agreed is 200K, I paid already 60K.
Nya ako geeingnan ako igsoon nga magpadaa nakog deed of sale, he replied, unya nalang igka 100K na imo mahatag.
BTW ,bro for the record ako igsoon daghan sad influence dras Pinas.

[damunchi]

Buying a house and lot owned by a couple whose husband is a foreigner(...married to..) and currently residing abroad, the wife coming home for the sale. Is it necessary for the husband to come home for his signature or just the wife with some important ID's and authorization from the husband. Need enlightenment, thank you.

granting that the title is legally under the name of both the husband and the wife (pero d mn mka own ang foreigner ug real property except sa condo, basin description lng na..hehe!!), the husband's consent is required. but, it is not necessary for him to come home. he can execute an SPA and have it notarized wherever he may be found authorizing the wife to sell their house and lot.

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Bro, how about sa amo case. Mom purchased the lot, then since 2 ra mi gebahin na by means of deed donation being her legal heirs.
Karon the lot was equally divided into 2 portions between me and my brod.
Akong concern is... this subject lot is naay haus owned by my mom which is nasud sa ko bahin.
I am on the verge of processing the title na under my name tutal signed naman ang deed of donation plus my bro also iya na gepaulian iya portion sa akoa.
Technically, I owned the entire 300 sq.m lot.

Can somebody here knowledgeable enuf in this area that can share me an advice me on unsay angay buhaton sa haus ni Mader, btw negasto nako ug dako2 renovate aneh balaya?

In accordance to the law, angay bah neh nako bayran si Mama sa iya nagasto sa haus?

I value all inputs on this.

THanks, istoryans...

accessory follows the principal

[miramax]

granting that the title is legally under the name of both the husband and the wife (pero d mn mka own ang foreigner ug real property except sa condo, basin description lng na..hehe!!), the husband's consent is required. but, it is not necessary for him to come home. he can execute an SPA and have it notarized wherever he may be found authorizing the wife to sell their house and lot.

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accessory follows the principal

Currently bro, wapa man matitolohi ang portion sako igsoon, kato raman deed of donation amo dox. But tanan tax dec including sa haus naa nako kay ako man sige buhis. So bale ako raman ngan sako igsoon ang nakaindicate as donee, since the subject lot is an inheritance from our mom. Kinahanglan pa gyud diay partisipasyon sa iya asawa?
BTW, pareho man sila Pinoy unya naa dras Pinas ra pud.

[spartan301]

Thanks again bro.
This is very informative, indeed!
So does this also means that maski ang portion sako igsoon iya gebaligya nako karon, if mahuman ang deed of sale given the fact nga it was his inheritance from our mom and not a conjugal property his wife needs to signed pa gyud diay?

BTW, ako ge-installment bayad ako bro sa iya portion in the form of issuing cheques.
We photocopied the issued cheques and he make an a note on it affixed his signature " Partial payment for mr.XXX lot portion XYZ lot situated at blah, blah...TCP agreed is 200K, I paid already 60K.
Nya ako geeingnan ako igsoon nga magpadaa nakog deed of sale, he replied, unya nalang igka 100K na imo mahatag.
BTW ,bro for the record ako igsoon daghan sad influence dras Pinas.

By law, spouse gets 50%, so just play safe and let her sign also...
She can always use this to challenge u in court, so just cover all bases...

As for yur pre- sale agreement, an acknowledgement receipt wont hold- up in court, so better get a contract signed by u 2 siblings and his spouse

[damunchi]

Currently bro, wapa man matitolohi ang portion sako igsoon, kato raman deed of donation amo dox. But tanan tax dec including sa haus naa nako kay ako man sige buhis. So bale ako raman ngan sako igsoon ang nakaindicate as donee, since the subject lot is an inheritance from our mom. Kinahanglan pa gyud diay partisipasyon sa iya asawa?
BTW, pareho man sila Pinoy unya naa dras Pinas ra pud.

so, ang kani nga lot ky wala pa jud ni title pagpalit sa imu mama? bale tax declaration lang?

and, base sa deed of donation, equal share mo sa lot pro ala jud designation sa portion?

if mgpa title ka ani ky dpat kamo duha ang applicants.. daun original registration pa ni if wala pa jud ni title.. nia, partition na daun after

and para ms safe, execute mo ug contract to sell...

[miramax]

so, ang kani nga lot ky wala pa jud ni title pagpalit sa imu mama? bale tax declaration lang?

and, base sa deed of donation, equal share mo sa lot pro ala jud designation sa portion?

if mgpa title ka ani ky dpat kamo duha ang applicants.. daun original registration pa ni if wala pa jud ni title.. nia, partition na daun after

and para ms safe, execute mo ug contract to sell...

As stipulated in our signed deed of donation , whereby:
LOT A xyZ portion has been donated to Mr.BB where LOT B StuV has been allocated for Ms.CC. That's how we determined nga nasud sako portion ang common house samo mader.
The same lot details sakong igsoon ang nakamentioned sa Acknowledgement receipt.

By law, spouse gets 50%, so just play safe and let her sign also...
She can always use this to challenge u in court, so just cover all bases...

.

As for yur pre- sale agreement, an acknowledgement receipt wont hold- up in court, so better get a contract signed by u 2 siblings and his spouse

I will definitely start to work on the "CONTRACT TO SELL" doc. the soonest.
Since I am currently abroad, can I just download a template and get it it signed by my bro then notarized it or should I ask a friend to contact a lawyer and prepare the said document for me then send it to me for my signature and after I signed ipa DHL nasad nako para sako igsoon?

Unsa man kahay pinakabest nga option para nako kining dia man gud kos layo mga bro.
Upon execution of CTS , is "cedula" a must? Unsaon man nako pagkuhag cedula nga dia mankos gawas?

Daghan salamat daan sa inyo mga valuable inputs.