Thanks MP. So the best way is just let my wife to donate it to my daugther and pay the corresponding taxes rather than going through the cadastral case proceeding. At the end, my daugther will still inherit the property so better go straight to the point,
right ?

Quote Originally Posted by machine.pistol View Post
You need to file a petition for amendment of the certificate of title to correct the status of your wife. It will be a cadastral case to be filed in the Regional Trial Court of the city where you property is located. You need to prove during the hearing, normally, ex parte, that at the time of sale you were already married. So you need to present the deed of sale and certificate of marriage.

The certificate of title cannot be amendment to include your daughter as co-owner because only you and your wife bought the property.

Your daughter cannot be registered owner of the property unless you sell or donate it to her. Either way, you need to pay capital gains tax or donor's tax before the RD will issue a new certificate of title in the name of your daughter.

The other method by which your daughter will become the registered owner is when her parents pass away. If she is the only daughter and the parents did not leave a last will, she can sign a self-adjudication of property and pay estate tax before the RD will issue a new certificate of title.

If there's a last will, it will have to be presented to the court for probate. Probate is a judicial proceeding where the last will is authenticated. After admission in probate or authentication of last will, the court will declare who is/are the heirs and order the RD to issue new title in the name of the heirs. Again estate tax must be paid. And it must be paid within a short period from death.