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Affidavit Of Waiver

Filipinos who are married to foreigners and wanted to buy properties here in the Philippines must be aware that their foreigner spouse cannot own a land. The land title must be in the name of the Filipino spouse and the foreigner will be required to execute an Affidavit of Waiver. Shown below is an example of such a document.

REPUBLIC OF THE PHILIPPINES )
———————————– )
———————————– )S.S

AFFIDAVIT OF WAIVER

I, _________________________________, ________________ citizen, of legal age, resident of _________________________________________________________ after having sworn to in accordance with the law, hereby depose and state:

1. THAT I am legally married to ____________________________________________, of legal age, Filipino Citizen, with the same residence address.

2. THAT during our marital union, we acquired by purchase real estate property from ___________________________________ particularly described as Block _____ Lot _____ at __________________________ located at__________________________.

3. THAT being a foreigner ( ________________ citizen ) as stated above, I do hereby waive whatever rights I have over the above mentioned real estate property.

AFFIANT FURTHER SAYETH NONE IN WITNESS WHEREOF, I have hereunto affixed my signature, this ___ day of ____________, 2007 in the PHILPPINES.

___________________________ Affiant

SUBSCRIBED AND SWORN to before me, this ______ day of _______________________, 2007, in the _____________________________ Affiant exhibiting to me his/her Residence Certificate No. ___________________ issued at _______________________________ on __________________.

NOTARY PUBLIC

Doc. No. ___________

Page No. ___________

Book No. __________

Series No. __________


Special Power of Attorney

If you are based abroad and wanted to buy a real estate property here in the Philippines, you will most like want to be represented by a person you can personally trust to handle the transaction on your behalf. Essentially, that person will have the authority to sign the documents, handle the payments, or negotiate the purchase, to mention just a few. He is called your attorney-in-fact and your granting him/her the authority is elaborated in a legal document called the Special Power of Attorney.

A sample Special Power of Attorney is shown below for your reference.

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