Describing a Foreign Spouse in a Philippine Deed of Sale (Real Property)

This article explains, in practical, lawyerly detail, how to correctly describe a foreign spouse in a deed of absolute sale of land or house-and-lot in the Philippines—what the Constitution allows, how marital property regimes interact with titling, what registries actually look for, model clauses you can re-use, and common pitfalls to avoid. (Condominiums and long-term leases are addressed in a dedicated section below.)

1) First principles: why wording matters

Aliens cannot own land in the Philippines. The 1987 Constitution limits land ownership to Filipino citizens and to Philippine corporations at least 60% Filipino-owned. Marriage to a Filipino does not confer the right to own land.
But the foreign spouse still exists in the buyer’s civil status. Titles and deeds routinely recite whether a Filipino buyer is “single” or “married,” and to whom. If the buyer is married to a foreign national, careless drafting can look like the alien is a co-buyer or co-owner, risking denial of registration or future challenges.
Family law still applies. If the Filipino buyer is married and has no valid pre-nup (marriage settlements), the default regime is absolute community of property (ACP); older marriages may be conjugal partnership of gains (CPG). Those regimes require both spouses’ consent for disposition/encumbrance later—even if the property title bears only the Filipino spouse’s name.
Practical upshot: Draft to (a) respect the constitutional ban, (b) state the Filipino’s exclusive legal ownership of the land, and (c) secure any spousal consents or acknowledgments now to prevent future registration or disposition issues.

2) Who appears in the deed—and how

A. When selling land or house-and-lot to a Filipino married to a foreigner

Buyer line (party to the sale): Only the Filipino citizen should appear as the “Vendee/Buyer.”
Civil status recital: Identify the buyer as “Filipino, of legal age, married to [full name of foreign spouse], a [citizenship] national.”
Do not style the foreign spouse as co-buyer or co-owner; do not say “spouses” as collective buyers.

B. When selling a condominium unit (title over unit + proportional interest in the condominium corporation)

A foreigner may be a co-buyer if the building’s foreign ownership cap (not more than 40% of the entire condominium corporation) is respected. In that case, both spouses can be named as buyers, with their citizenships recited. (See Section 10.)

3) The minimum descriptive data the deed should contain

For each human party named in the deed (seller and Filipino buyer; foreign spouse if signing any consent/acknowledgment):

Full name (as in government ID/passport)
Citizenship (state “Filipino citizen” for the buyer; e.g., “American citizen” for the spouse)
Civil status (“single,” “married to [Name],” “widow/er”)
Age or “of legal age”
Residence address
Tax Identification Number (TIN) for buyer and seller (BIR requires TINs to process taxes)
ID details (type, number, date/place issued)—helpful for notarization

4) Standard recitals that keep you safe

Use clear, unambiguous drafting. The following baseline clauses are widely accepted in practice by Registries of Deeds and notaries.

A. Buyer description (land or house-and-lot)

“[Buyer’s Name], Filipino, of legal age, married to [Foreign Spouse’s Name], a [citizenship] national, with residence at [address], hereinafter referred to as the Vendee.”

B. Ownership limitation / constitutional compliance (land or house-and-lot)

“It is expressly acknowledged that the property subject of this sale is land located in the Philippines and, under the 1987 Constitution, ownership thereof is reserved to Filipino citizens and to qualified Philippine nationals. Accordingly, legal and beneficial ownership shall vest exclusively in the Vendee, a Filipino citizen, and no ownership rights shall accrue to [Foreign Spouse’s Name] by reason of this sale or by reason of marriage.”

C. Spousal acknowledgment (recommended where the buyer is under ACP/CPG)

“[Foreign Spouse’s Name], a [citizenship] national, acknowledges the foregoing sale and the constitutional prohibition against alien landownership, and waives any claim of ownership over the property, without prejudice to any rights to reimbursement that may arise under applicable marital property laws.”

(This is not an admission of co-ownership; it’s a prophylactic acknowledgment that deters future disputes and eases later dispositions.)

5) Should the foreign spouse sign anything?

Not mandatory for the act of acquisition (buying). The Filipino spouse alone may buy and sign.
Prudent practice: Obtain a Spousal Acknowledgment and Waiver of Ownership (as above). If the couple’s regime is ACP/CPG and they plan to sell or mortgage later, also secure Spousal Consent to Future Dispositions or have the foreign spouse sign when that later disposition occurs.
If the foreign spouse is abroad: Use an acknowledgment/waiver executed before a Philippine Embassy/Consulate (consularized), or executed locally and apostilled in the foreign country for use in the Philippines.

6) What appears on the title (TCT/CCT) after registration

For land/house-and-lot (TCT): The registered owner should be only the Filipino spouse. The title will typically annotate civil status, e.g., “[Name], Filipino, of legal age, married to [Foreign Name].” This does not make the foreign spouse an owner; it merely records the buyer’s marital status.
You may request the Registry to avoid “Spouses” styling (e.g., “Spouses [Name] and [Name]”) for land acquisitions; that styling implies co-ownership and is improper where one spouse is foreign.

7) Marital property regimes and why they matter later

ACP (default under the Family Code): Property acquired for value during marriage is presumptively part of the absolute community. However, constitutional limits override—the community cannot include an alien’s ownership of land. Practically, the land is titled solely in the Filipino spouse, and any participation of the foreign spouse is limited to economic rights (e.g., reimbursement of community funds), not ownership of the land.
CPG (older regime): Similar logic; gains may be shared economically, but land ownership remains exclusively with the Filipino spouse.
Separation of property (by pre-nup): If valid marriage settlements provide separation, state this in the deed and attach/identify the notarized pre-nup (and evidence of its registration in the local civil registry and Registry of Deeds), then purchase is conclusively exclusive to the Filipino spouse.
Consent for later disposition: Under ACP (Art. 96) and CPG (Art. 124), both spouses’ consent is needed to sell or encumber. In practice, registries will ask for the foreign spouse’s notarized consent when the Filipino spouse later mortgages or sells the land.

8) Documents and attachments that smooth registration

Valid IDs and TINs of buyer and seller
Proof of Filipino citizenship of the buyer (e.g., Philippine passport or certificate of reacquisition under R.A. 9225)
Spousal Acknowledgment/Waiver by the foreign spouse (strongly recommended)
If acting through an attorney-in-fact: Special Power of Attorney (SPA) notarized and apostilled/consularized if executed abroad
Tax clearances: BIR Certificates (Capital Gains Tax/Withholding, Documentary Stamp Tax); Transfer Tax receipt; Real Property Tax clearance
Certified copy of the seller’s title (TCT) and latest tax declaration

9) Model language you can adapt

A. Spousal acknowledgment & waiver (land)

“I, [Foreign Spouse’s Name], [citizenship] national, of legal age, married to [Filipino Buyer’s Name], after being duly sworn, acknowledge the acquisition by my spouse of the parcel of land described as [full technical description/TCT No.], and declare that, pursuant to the 1987 Philippine Constitution, I do not and shall not acquire ownership over said land by reason of this sale or by reason of marriage. I waive any claim of ownership thereto, without prejudice to any lawful right to reimbursement under our marital property regime. Executed this [date] at [place].”

B. Constitutional compliance recital (insert in deed)

“The Parties expressly recognize that no transfer of land ownership to an alien shall occur by virtue of this instrument. Ownership shall vest exclusively in the Filipino Vendee, [Name].”

C. Title styling request (cover letter to Registry)

“Please issue the TCT in the name of [Filipino Buyer’s Name], Filipino, married to [Foreign Spouse’s Name], without the ‘Spouses’ styling.”

10) Special property types

Condominium units (R.A. 4726): Foreigners may own condo units provided the aggregate foreign ownership in the condominium corporation does not exceed 40%. A foreign spouse may be co-buyer and co-owner of a condominium unit. In the deed, list both spouses as buyers with their citizenships; no constitutional issue arises because the underlying land is owned by the condominium corporation.
Long-term leases (R.A. 7652 – Investor’s Lease Act): Foreigners may lease private land for up to 50 years, renewable for 25. Where a lease is contemplated (e.g., to build), the foreign spouse can be the lessee.
Usufruct/real rights: Non-ownership real rights (e.g., usufruct, lease, easement) may be granted to foreigners. Draft carefully to avoid language that transmutes into prohibited ownership.

11) What not to write

Do not caption the buyer as “Spouses [Filipino Name] and [Foreign Name]” for land.
Do not apportion ownership shares to the foreign spouse for land (e.g., “50/50”).
Do not recite that the foreign spouse provides the purchase price in exchange for ownership; if funds come from the foreign spouse, acknowledge them only as a loan or donation to the Filipino spouse (the latter may have tax consequences), or remain silent and address it in a separate private instrument.
Do not use side agreements that attempt to circumvent the constitutional ban (e.g., secret trusts): these are void and typically leave the foreign funder without recovery beyond limited equitable reimbursement.

12) Common scenarios & solutions

Seller (Filipino) balks at foreign spouse not signing the deed: Offer a separate “Spousal Acknowledgment & Waiver” for comfort; it does not make the foreign spouse a party to the sale.
Registry annotates “married to [foreign name]” on title: This is normal and harmless; it’s a status recital, not co-ownership.
Later mortgage/sale: Expect the bank/Registry to require the foreign spouse’s notarized consent (ACP/CPG).
Foreign spouse paid most of the price: Do not reflect ownership in the deed; use a loan agreement or receipt and be mindful of tax and foreign exchange reporting, if applicable.
Former Filipino spouse (now foreign citizen) is the buyer: Different rules apply (e.g., BP 185, RA 8179/9225). Assess eligibility and area limits; if landownership is not allowed or limits are exceeded, consider condo or long-term lease instead.

13) Notarization and cross-border formalities

Deeds executed in the Philippines: Notarized before a Philippine notary public.
Documents signed abroad (e.g., spousal waiver, SPA): Must be consularized at a Philippine Embassy/Consulate or apostilled in the state of execution (Philippines is a party to the Hague Apostille Convention).
Always attach passport/ID copies to the acknowledgment/waiver for clear identification.

14) Taxes & fees (briefly)

Capital Gains Tax / Creditable Withholding Tax (seller), Documentary Stamp Tax (buyer), Transfer Tax (buyer), Registration Fees, and Real Property Tax clearance are standard. None of these taxes are affected by the mere presence of a foreign spouse’s acknowledgment or waiver.

15) Quick checklist for your deed packet (land or house-and-lot)

Deed of Absolute Sale naming only the Filipino spouse as buyer, with citizenship and “married to [Foreign Name]” status.
Constitutional compliance recital inside the deed.
Spousal Acknowledgment & Waiver signed by the foreign spouse (consularized/apostilled if signed abroad).
IDs, TINs, proof of Filipino citizenship (buyer).
SPA if anyone signs through an agent (properly apostilled/consularized if executed abroad).
Tax clearances and payment proofs.
Cover letter requesting title to be issued solely to the Filipino spouse and avoiding “Spouses” styling.

16) Final practical tips

Keep all references to the foreign spouse descriptive (marital status) or acknowledgment-based (waiver/consent)—never proprietary (no shares/percentages).
When in doubt, separate money flows (loan/donation) from the conveyance of land to the Filipino spouse.
For mixed-nationality couples who want shared real property interests, choose assets that the law allows (e.g., condominiums) or corporate structures within the 60/40 rule; avoid back-door arrangements over land.
Anticipate the next transaction (mortgage or sale) and collect the foreign spouse’s consent language now to save time later.

One-page sample buyer paragraph (drop-in)

“That I, [Buyer’s Full Name], Filipino, of legal age, married to [Foreign Spouse’s Full Name], a [citizenship] national, with residence at [address], do hereby purchase, for and in consideration of [price], the property described as [legal description/TCT No.]. Ownership of the land shall vest exclusively in me as a Filipino citizen pursuant to the 1987 Constitution, and no ownership rights shall accrue to my spouse by reason of this sale or of our marriage, without prejudice to any lawful claim to reimbursement under our marital property regime.”

This article is a practical guide. For high-value transactions, unusual family/property regimes, or where funds originate from the foreign spouse, get tailored legal advice to align the deed, tax treatment, and future plans (mortgage, resale, or estate planning).