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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. __________

7 Comments »

  1. pls send me a sample of affidavit of waiver of right.. example i want to wave all my property to my nephew because she is the only one who taking care of me up to now.. i want to wave all my right/property to her because im getting older and i cannot manage all of this. im doing this because i want to secured the right of my niece.
    thank you very much for any help can you offer to me.

    Comment by jen — July 30, 2008 @ 11:45 pm

  2. 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

  3. 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

  4. Do you have a sample for a waiver of marital rights? i am separated for 6 yrs. now, since annulment is to expensive, i would like my x husband to just sign a waiver.

    Comment by jennifer f sales — June 11, 2011 @ 7:36 pm

  5. Can you please send me a sample of waiver of rights of property (a townhouse). She just paid the reservation pay and the 2 mos. equity of the unit, after two mos. of paying she then decided to make the unit assumed, since we were co-worker and I then was interested to assumed the property I assumed and paid the 12 more mos. of equity, now that I am finished with the equity I am being required by the real estate developer to submit a waiver from the original payee so that I will be issued a contract of the property.

    Comment by jenalyn — February 22, 2012 @ 10:56 am

  6. Hi, do you have a sample for a waiver of share capital for the corporation? the situation is, the other corporates have not existed after 2 months the corporation established last 2010 and now they’re back and want to get their share capital. We have agreed that we make a waiver that they will just wait until such the corporation will generate income, and waive their rights and responsibility in our corporation since they were replaced and their rights and responsibility were assumed by other investors.

    Comment by Stelito M. Jumaran — May 16, 2012 @ 12:10 am

  7. Hi,
    My Boss w/c is 71 year old transferred real properties to his 4 kids through Deed of Sale. Spouses of his 4 kids execute an affidavit of waiver that the funds used to bought properties was personal fund of the 4kids and waived their rights from it. My question was, is the waiver valid? please elaborate to further understanding. thanks

    Comment by Ato — October 9, 2012 @ 11:34 pm

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