A Chinese man holding a POGO work visa, stranded domestically due to being blacklisted, continuously faces "backstabbing": not only does his Filipino wife file for divorce, but she also demands the transfer of his apartment into her name as "compensation," and even moves her entire family into this apartment. From daily video calls to a cold war of non-communication, the collapse of this international marriage leaves him facing a dire situation of losing both money and personal happiness.
For many working abroad, the most powerless situation is "being in the homeland while assets are overseas and occupied by others." So, from the perspective of Philippine law and the experiences of the Chinese community, how can this gentleman protect his property rights and what actions can he take?
Divorce is difficult in the Philippines, but transferring property ownership unilaterally? No way!
First, it's crucial to understand that the Philippines is one of the hardest countries in the world to get a divorce, with complex procedures. However, precisely because it is difficult to dissolve a marriage, there are high thresholds set for property disposition.
The article points out that as long as the property title is in the husband's name, the property rights are considered personal assets. In this case, without the property owner's personal signature and authorization, no one—not even the wife—can complete the transfer of property ownership. Thus, the wife's threat to transfer the apartment to her name is almost impossible to realize legally, which is fundamentally crucial for protecting assets.
The property rights are secure, but the apartment might not "come back" soon
However, don't celebrate too soon. While the law protects property rights, it might not immediately help you vacate the apartment. The wife and her family can continue living there based on the "marital relationship" and "actual residence" facts. To the police and property management, this is seen as a domestic dispute, and they usually won't forcibly evict the occupants.
This leads to an awkward situation: legally, the apartment is yours, but physically, you might not be able to live in or use it in the short term. Being in the homeland while the apartment is in the Philippines, this loss of control is precisely the source of anxiety.
While in the homeland, consider these two practical steps
Facing this dilemma, local lawyers and the experiences of the Chinese community offer some realistic coping strategies:
Claim usage costs: Although you might not immediately evict the occupants, as the property owner, you have the right to demand that the residents pay all incurred expenses, including utilities and property management fees. This is not a malicious eviction but a legitimate economic demand, which can exert certain pressure on the other party.
Ultimate solution: Sell the property: The most thorough method is to sell the apartment and secure the cash. However, there's a critical warning: selling the property must be done by the property owner personally returning to the Philippines. Do not entrust this task to unfamiliar agents or lawyers when you cannot be present, as it might lead to another scam. Until you can return to the Philippines personally, the apartment might just have to "stay" with the other party temporarily.
All these reveal the harsh realities of international marriages and asset management. Long-term separation, life pressures, and cultural differences invisibly erode the foundation of relationships. For overseas workers, beyond emotional relationships, how to protect overseas assets through legal property registration and prior financial arrangements is a serious topic that requires advance consideration. For more practical information on cross-border legal issues and asset protection, follow the updates and interpretations on PASA's official website.
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