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. __________
Hi,
Do you have a sample waiver of rights? My mom is married to a foreigner and she has properties before their marriage. Me and my siblings want to transfer the properties to me. Can we do that by letting my mom sign a waiver of rights? or Can we just have something like a Deed of Donation or Deed of Sale?
Thanks and hoping for your immediate response.
Comment by Libay — December 23, 2009 @ 1:11 am
My spouse’s family wants me to sign such a document. I am refusing because as a foreigner I am not subject to the laws of the Philippines nor am I a party to the property sale. Why should I sign away my rights or the rights of our children under the inheritance laws of the Philippines or the country we live in? I assume I have the right to refuse to sign such a document, have I not?
Comment by Konrad — April 20, 2010 @ 8:28 am