A practitioner-oriented guide to what a foreign spouse may own, how much, and under what conditions—plus the interplay with marital property regimes, association rules, anti-dummy safeguards, inheritance, parking slots, and practical due-diligence.

I. The Legal Backbone

R.A. 4726 (Condominium Act) allows separate ownership of a unit plus an undivided interest in the common areas (which include the land).
1987 Constitution & related nationality rules restrict land ownership to Filipino citizens or Philippine corporations at least 60% Filipino-owned.
The Condominium Act reconciles these by permitting foreign ownership of condominium units so long as Filipino ownership of the condominium project remains at least 60%. Functionally, the foreign share of all saleable units may not exceed 40% of the entire project (by ownership/voting basis used in the master deed).

Bottom line: A foreign national—including a foreign spouse of a Filipino—may own a condominium unit outright provided the project’s foreign ownership does not exceed 40%.

II. What a Foreign Spouse May (and May Not) Own

Allowed

One or more condominium units (and the appurtenant undivided interest in the common areas), subject to the 40% project cap.
Accessory units such as parking slots if they are:
- titled as separate condominium units (CCTs), or
- expressly appurtenant to the main unit under the master deed.
Membership/stock in the condominium corporation (if the project uses a corporation to hold title to the land/common areas), within the same 40% cap.

Not allowed

Land in fee simple. If the project is not organized under the Condominium Act (e.g., a lot with a townhouse under a Transfer Certificate of Title), the foreign spouse cannot own the land.
Work-arounds that give a foreigner beneficial ownership or control of land through dummies, side agreements, or trust arrangements—penalized by the Anti-Dummy Law.

III. Project-Level Nationality Compliance (How the 40% Works)

The 60/40 test is applied at the project (or corporation) level, not per individual buyer.
Developers and condo corporations typically:
- maintain a Foreign Ownership Register;
- refuse a sale/transfer to a foreigner if it would push foreign holdings above 40%;
- require a Management/Compliance Certificate (presented to the Register of Deeds) confirming the sale keeps the project compliant.

Practical result: A foreign spouse may buy in his/her own name, in both spouses’ names, or via a corporation—as long as the overall foreign slice stays within 40%.

IV. Marriage & Property Regimes (What Changes When You Marry a Filipino)

Default regime (no prenup): Absolute Community of Property (ACP)—assets acquired during marriage generally become community property.
- A condominium unit is community property if acquired during the marriage (unless there’s a valid separation-of-property agreement). This does not violate nationality rules because foreigners may own condo units.
- Land still cannot be acquired by, or co-owned with, the foreign spouse. If land is placed solely in the Filipino spouse’s name, the foreign spouse cannot claim equitable land ownership.
Conjugal Partnership of Gains (CPG) or Separation of Property (by prenup): respect the agreed regime—still subject to the same foreign limits on condos and the absolute ban on land.

Tip: If you intend to take bank financing, align the spousal signatures/consents with your property regime and the bank’s credit policies.

V. Taking, Holding, and Transferring Title

Evidence of title: A Condominium Certificate of Title (CCT) in the buyer’s name(s).
Documents you’ll see: Deed of Sale, Certificate Authorizing Registration (tax), management compliance certificate (60/40 attestation), tax clearances, and association clearances.
Voting & membership:
- If the project uses a condominium corporation to hold the land/common areas, membership/stock is typically one per unit (or pro-rata by value).
- By-laws often require designation of a voting representative if a unit is co-owned by spouses.

Transfers to foreigners require the corporation/association to re-check the 40% foreign cap. If the transfer would breach it, the corporation may deny the endorsement needed for registration.

VI. Special Situations

1) Parking slots & accessory areas

If titled by a separate CCT, they count toward the 40% computation. If purely appurtenant (annotated to the main unit), they follow the unit’s ownership.

2) Foreclosure & auctions

Lenders can foreclose a foreign-held unit. Post-foreclosure ownership must still respect the 40% cap; lenders/associations typically dispose of units if compliance is at risk.

3) Naturalization or change of citizenship

If a Filipino unit owner loses Filipino citizenship, the unit becomes foreign-held for 40% purposes. Many by-laws require notice and, if the project nears the cap, divestment on transfer.
Former natural-born Filipinos who reacquire citizenship under R.A. 9225 are treated as Filipino again for ownership tests.

4) Inheritance

A foreign spouse (or heir) may inherit a condominium unit. If widespread successions push foreign holdings over 40%, the corporation/association may require future transfers to restore compliance.
For land (not condos), foreigners may inherit by hereditary succession (constitutional exception)—but this does not enable voluntary acquisition by sale.

5) Redevelopment/condemnation

If the building is condemned or voluntarily removed, the land cannot end up beneficially foreign-owned. Statutory mechanisms (e.g., corporate ownership of land with ≥60% Filipino capital or forced disposition) preserve Filipino majority.

VII. Leasing, Renting Out, and Use

Ownership of a condo does not grant residency or immigration privileges.
Foreign owners may lease out their unit (long-term or short-term) if by-laws and local ordinances allow; taxes on rental income apply.
Home-office or business use depends on zoning and association rules.

VIII. Anti-Dummy Safeguards (Avoiding Illegal Structures)

Do not use nominees/dummies or side agreements that give a foreign spouse beneficial ownership/control of land or allow management control that circumvents nationality limits.
In condos, there’s usually no need for complicated structures—direct ownership of the unit is lawful within the 40% cap.

IX. Buying Checklist for a Foreign Spouse

Confirm project compliance: Ask the association/manager for a foreign-ownership percentage certificate and by-law provisions on transfers to foreigners.
Review the master deed & by-laws: Parking status (separate vs appurtenant), leasing rules, voting rights, repair/assessment obligations.
Title diligence:
- Seller’s CCT, taxes, association dues;
- Liens/encumbrances;
- Exact unit/parking identifiers and floor area.
Document set for registration: Deed of Sale, BIR CAR, management compliance letter, clearances, IDs, tax numbers (TIN for buyer).
Spousal/estate planning: Align with your marital property regime; consider co-ownership titling, wills, and (if relevant) dual citizenship options for the Filipino spouse.
Finance & taxes: Check bank LTV limits for foreign borrowers; budget documentary stamps, transfer/registration taxes, withholding (if applicable), association transfer fees.

X. Selling or Transferring Later

Before sale to another foreigner, obtain a fresh compliance certificate to ensure the 40% cap won’t be breached post-transfer.
Some by-laws grant the association a right of first refusal or require prior notice; factor timeline and fees.

XI. FAQs

Q1: Can a unit be titled solely in the foreign spouse’s name? Yes, if the project stays within 40% foreign ownership. Many couples also choose joint titling.

Q2: We plan to buy a ground-floor “townhouse” in a complex—can we own it? If the project is organized under the Condominium Act (units have CCTs, land/common areas are in common/condo-corp), yes. If each townhouse sits on its own lot with a TCT for land, a foreigner cannot own it.

Q3: Does buying a condo give a visa or right to stay? No. Immigration status is separate (e.g., 13(a) spousal visa, SRRV, etc.).

Q4: What if future transfers push foreign ownership above 40%? The association will normally block non-compliant transfers. If deaths/naturalizations cause creep, by-laws typically require restoring compliance upon the next transfer.

Q5: Are there limits on how many condo units a foreign spouse may own? There is no per-person numeric cap in the Act; the controlling limit is the project-wide 40%.

XII. Key Takeaways

A foreign spouse may own Philippine condominium units under R.A. 4726, subject to the 40% foreign-ownership ceiling at the project level.
Land remains off-limits to foreigners; condo structures solve this by vesting land/common-area ownership in forms that preserve ≥60% Filipino control.
Marital property regimes govern who signs and how you hold, but do not override nationality limits; joint titling is common and lawful for condos.
Always secure an association compliance certificate before purchase/transfer; this single page often decides feasibility.
Avoid dummy arrangements; use direct, transparent ownership of condo units, which is exactly what the law allows.

This article provides general legal information. For transaction-specific structuring (by-laws quirks, estate planning, financing, or tax), consult Philippine counsel with the master deed, by-laws, and draft deed of sale in hand.