Conjugal Property Philippines
Conjugal Property is a topic of intense continuing interest and can be quite complex. This article aims to give you an idea of its meaning and what you may want to consider before or during your marriage
What is Conjugal Property? Conjugal Property is property that belongs to both Spouses. When you marry, part or all of your property becomes Conjugal Property. Part or all of your Spouse’s property also becomes Conjugal Property.
The family home is often part of Conjugal Property.
When people marry, they may specify which of their property is included as Conjugal Property. They need to have a Prenuptial Agreement to do this. You can read more about Prenuptial Agreements later in this article.
Conjugal Property can be a concern between separating Spouses, especially if one or both Spouses had property prior to the marriage and a Prenuptial Agreement wasn’t executed.
If a Prenuptial Agreement was formed, then one of the below property regimes can be picked. If not, then the Default Property Regime comes into play based on the year of marriage.
There are several types of Conjugal Property Regimes. The one that applies to you depends on your situation and the facts.
- Absolute Community of Property (Default Property Regime for marriages after 3 August 1988)
- Conjugal Partnership of Gains which is the income and property generated during the marriage
- Complete Separation of Property where there is no Conjugal Property
- Other
These different Conjugal Property regimes come into play in different ways and Conjugal Property has several effects.
It affects the Disposal or Encumbrance of Property as both Spouses must now agree.
This article discusses each type of Conjugal Property Regime so that you know how it affects you and what happens when a marriage ends and Spouses are separating.
In cases we have handled, Conjugal Property can be complex especially if there were many assets. Please contact us if you have questions.
The Default Property Regime is called Absolute Community of Property but a Prenuptial Agreement allows for other Conjugal Property arrangements.
Contents
- What Property Regime applies to your marriage?
- What is Conjugal Partnership of Gains?
- How Does Conjugal Partnership of Gains differ from Absolute Community of Property?
- What is Absolute Community of Property?
- What is Complete Separation of Properties?
- Prenuptial Agreements Philippines – Protecting your Inheritance from Conjugal Property
- Is Inheritance part of Conjugal Property?
- What is the right of an Illegitimate child to Conjugal Property?
- What happens to the Conjugal Property after the death of a Spouse?
What Property Regime applies to your marriage?
A Prenuptial Agreement or Marriage Settlement enables you to safeguard your property BUT it must be entered into before the marriage.
Unless there is a Marriage Settlement (Prenuptial Agreement) executed before you married, then Philippine Law dictates your Conjugal Property Regime based on your year of marriage.
If you were married prior to August 3, 1988 then Conjugal Partnership of Gains applies
If you were married on or after August 3, 1988 then Absolute Community of Property applies.
So, if you have no Prenuptial Agreement, the date you were married determines your Conjugal Property Regime.
What is Conjugal Partnership of Gains?
In a Conjugal Partnership of Gains, the Conjugal Property is the income or property generated by both Spouses during the lifetime of the marriage.
Any separate property either Spouse had prior to their marriage remains theirs alone.
This was the Default Marriage Regime before August 3, 1988. It’s Effectivity is when the marriage was celebrated.
A Conjugal Partnership of Gains can be waived before marriage through a Marriage Settlement or Prenuptial Agreement.
Under Conjugal Partnership of Gains, only properties and income that were gained during the marriage form the Conjugal Property.
How Does Conjugal Partnership of Gains differ from Absolute Community of Property?
With Absolute Community of Property, properties separately held before the marriage become part of the Conjugal Property once the marriage has taken place.
While in Conjugal Partnership of Gains, only the income and properties accumulated during the marriage are considered Conjugal Property.
Conjugal Partnership of Gains can be rather complicated when you actually sit down to calculate it.
Is property bought on installment also part of the marriage Conjugal Property? Well, it depends.
For instance, what happens when a property is bought on installment before the marriage with exclusive funds? In this situation, it is part of Conjugal Property if ownership was transferred before the marriage.
When ownership was not transferred before the marriage, then it becomes a discussion. Case facts have to be analyzed and an assessment prepared.
Things can quickly become complicated.
The full text of Art 116 to Art 120 of the Family Code dictate what Conjugal Property is in a marriage governed by Conjugal Partnership of Gains.
Are there properties that are excluded from the Conjugal Partnership of Gains?
Yes, properties excluded from Conjugal Partnership of Gains are:
- Exclusive Properties owned before marriage
- Properties transferred by Gratuitous Title during the marriage, or
- Those bought with the exclusive money/property of one of the Spouses.
Just to reiterate –
Property owned by one Spouse before marriage remains the property of that Spouse even after marriage.
Some properties are excluded from the Conjugal Property under Conjugal Partnership of Gains.
Property that has been obtained with the exclusive money of one Spouse is the property of only that Spouse.
And Property that was donated or Inherited by a Spouse during the marriage remains that Spouse’s property.
Basically, everything that is exclusively acquired by either Spouse or before during the marriage or transferred through Gratuitous Title is separate property in Conjugal Partnership of Gains.
What happens to the Conjugal Property under Conjugal Partnership of Gains when a marriage ends?
What happens to property when a Conjugal Partnership of Gains marriage is dissolved?
When a marriage ends Exclusive Property continues to belong to the owner Spouse, while Conjugal Property is divided jointly in Annulment, or awarded to the Innocent Spouse in Legal Separation.
Let me explain:
First, Exclusive Property is property that belonged to the Spouse prior to the marriage or was bought with the Spouse’s Exclusive Property or funds. It also is property that was transferred by Gratuitous Title. Exclusive Property can be complicated to determine so please talk to a lawyer or contact us for questions.
What remains after Exclusive Property is removed is Conjugal Property.
Conjugal Property can be given to one or both of the Spouses depending on the case used to end the marriage.
If the marriage ended through Annulment, the net proceeds of the marriage are divided jointly.
If the marriage ended through Legal Separation however, the net proceeds of the marriage are awarded to the Innocent Spouse.
These are very different outcomes and very different cases.
Legal Separation is costly, time-consuming and risky as it is possible that one Spouse completely loses all rights to the Conjugal Property. Annulment is cheaper and easier, even though the property ends up being split evenly.
Read more in: How is the marriage property divided in Legal Separation? This explains how properties under Conjugal Partnership of Gains are separated in Legal Separation cases.
Either way, dividing property under the marriage regime of Conjugal Partnership of Gains can be very complex and you do need legal counsel for this.
What is Absolute Community of Property?
Absolute Community of Property means that all property owned by either Spouse becomes Conjugal Property when the marriage is celebrated.
Absolute Community of Property is the Default Marriage Regime for all marriages on or after August 3, 1988.
What does this mean, exactly?
Say you bought a condo prior to your marriage. Meanwhile, your partner owned a car before the marriage.
After your marriage, your partner has a right to half of the condo while you have the right to half the car.
Absolute Community of Property means that properties owned before the marriage, by each spouse, becomes Conjugal Property.
This happens automatically when the marriage is celebrated. This can be problematic. Especially if a marriage starts to fail.
If you have any property or income that you wish to keep solely yours you will need to execute a Prenuptial Agreement before the marriage. A Prenuptial Agreement executed after the marriage has no effect.
(Just FYI, You can still separate out property after the marriage through Judicial Separation of Property but it is recommended both Spouses agree to this court case before filing.)
Are there properties that are excluded from the Conjugal Property under Absolute Community of Property?
Yes!
Properties acquired by Gratuitous Title, personal property and properties from a former marriage with children are excluded from Conjugal Property under Absolute Community of Property.
Yes, some assets such as jewelry are excluded from the Conjugal Property in Absolute Community of Property.
To explain this in more detail, properties which are excluded are:
-
- Properties acquired during the marriage by Gratuitous Title.
Gratuitous means “without pay”. In this case, these are properties inherited or donated during the marriage. - Property for Personal Use
Personal Properties mean property which is of personal use of each Spouse such as clothing. The exception is jewelry – although it is personal property, it forms part of the Conjugal Property in Absolute Community of Property. - Property acquired before that marriage by either Spouse who has children by a former marriage.
This is to protect the Inheritance of the children of the previous marriage but this can end up being quite complicated.
- Properties acquired during the marriage by Gratuitous Title.
These are very narrow classes of property.
The vast majority of property in an Absolute Community Marriage will usually fall under Conjugal Property
What happens to property under Absolute Community of Property when a marriage ends?
Conjugal Property is calculated differently in Absolute Community of Property versus under Conjugal Partnership of Gains.
If a marriage formed under Absolute Community of Property ends then Conjugal Property would be awarded to the Innocent Spouse in Legal Separation or would be divided between them in Annulment. Each Spouse’s Exclusive Property would remain theirs.
I’ve discussed Exclusive Property in the preceding section. (Personal property, Properties transferred under Gratuitous Title, and Properties from a former marriage in which there were children). Exclusive Property is not part of Conjugal Property.
I’ll go through this in a little more detail.
Now, what happens to the Conjugal Property of this marriage?
If the case used to end the marriage is Annulment, then the following would happen:
- Net Conjugal Property is divided between the Spouses
- The family home goes to the Spouse with whom the children live
- Exclusive Properties are returned to the Spouses.
If the marriage ends through Legal Separation Philippines, then the “Innocent” Spouse is awarded all the Conjugal Properties.
It is the court who determines who the Innocent Spouse is so filing this case entails a risk that you would lose your share of the Conjugal Property. It is also an expensive, long and difficult case so think carefully if you wish to do this.
What is Complete Separation of Properties?
Properties of a husband and wife are completely separate from each other
Complete Separation of Properties is exactly as stated. It means that there is no Conjugal Property.
Instead, whatever was Exclusively Owned prior to the marriage is retained by the owner-Spouse after and during the marriage.
This pertains to any income or livelihood as well as to property.
This can be done with a Prenuptial Agreement that must be executed before the marriage.
Prenuptial Agreements Philippines – Protecting your Inheritance from Conjugal Property
Having a Prenuptial Agreement can ‘protect’ an inheritance or property and help you avoid the default Conjugal Property Regime. [Family Code, Art 80]
A Prenuptial Agreement or Marriage Settlement must be drawn up, signed, notarized and executed before the marriage takes place. It must also be filed in the appropriate government offices.
Before you marry you may decide on any one of the 3 Regimes available:
1. Absolute Community of Property
This means all property owned by either Spouse becomes Conjugal Property when the marriage is celebrated except for Exclusive Property*.
2. Conjugal Partnership of Gains
The Conjugal Property is only the income or property generated by both Spouses during the marriage except for Exclusive Property.
3. Complete Separation of Property
Each Spouse keeps individual ownership of any property they had prior to the marriage as well as any property they acquire individually during the marriage
* Exclusive Property is property which is donated or inherited after the marriage. Exclusive Property should be transferred to your name after the marriage, NOT before. If transferred to your name before the marriage, it forms part of Conjugal Property.
If a Prenuptial Agreement was not formed then the Default Property Regime comes into play based on the year of marriage (Conjugal Partnership of Gains applies if you were married prior to 3 August 1988. Absolute Community of Property for marriages after 3 August 1988).
You have the option to decide what Property Regime to use but this can only be done before marriage and through a Prenuptial Agreement!
Additionally, the law provides a vague 4th option of “Any Other Regime” but only as long as the Regime opted for is a valid one.
A Valid Regime is a regime that doesn’t break Philippine laws, which means that it is wise to get expert advice to draft it.
A side note: These Property Regimes may not apply in certain instances. For instance, when there are 2 foreign Spouses or when a contract is executed regarding property outside the Philippines.
Conjugal Property becomes more complicated when there is a marriage between a foreigner and a Filipino.
Things are straightforward when the marriage is between 2 Filipinos and concerns only Philippine property. But what happens when there is a foreign element?
Well, then things get a little tricky.
In cases where a foreigner is married to a Filipino or a there is foreign property, a Prenuptial Agreement has to decide how to address inevitable conflicts in foreign law. It may be possible to exclude these but you should really consult with legal counsel for cases like this.
In addition, you might want to consult counsel when you want to create a special Pre-nup due to particular family situations.
This might be when you have an interest in a family Corporation and are executing the Pre-nup to protect the company.
Or, it may occur for properties you want to personally hold for sentimental or other reasons.
Is Inheritance part of Conjugal Property?
Inheritance transferred to your name before marriage is part of Conjugal Property.
Is inheritance part of Conjugal Property? Well, it depends when you received your inheritance.
In Absolute Community of Property, Conjugal Partnership of Gains and Complete Separation of Property, properties inherited during the marriage are excluded from Conjugal Property.
However, inherited property does form part of Conjugal Property IF you inherited it prior to marriage and the Estate was already settled.
There are ways to protect your inherited property in the event of a separation and you would be best served discussing this with a Lawyer.
It is admittedly a bit difficult so its really best to try to avoid the issue altogether by simply having a Prenuptial Agreement in place before the marriage.
What is the right of an Illegitimate child to Conjugal Property?
This depends on the facts.
An Illegitimate child is entitled to inherit from his parent as he is a Compulsory Heir.
His parent’s portion will depend on the type of Conjugal Property Regime in place.
An Illegitimate child is entitled to the equivalent of half a Legitimate child’s share of an Estate
If Absolute Community is the Property Regime, half of the total Conjugal Property is the parent’s portion. Some exceptions may apply such as when a Pre-nup Agreement is in place, when there is Exclusive Property, or when other provisions have been made.
If Conjugal Partnership of Gains is involved, then the parent’s share is half of the total income and assets generated during the marriage. This can be complicated to compute depending on how many assets there are and how long the marriage was.
In Complete Separation of Property, there is no Conjugal Property. Each Spouse owns his own property and assets and the Illegitimate child will inherit from that in line with Philippine Inheritance Law.
From his parent’s share, an Illegitimate child usually inherits ½ the share of a Legitimate child.
Where the deceased was married, the Legal Spouse will have a share of the Conjugal Property.
What happens to the Conjugal Property after the death of a Spouse?
When a Spouse passes away, the Conjugal Property of Absolute Community ends and the property is shared among the Heirs.
Philippine law determines who the Heirs are and how much they inherit.
Even Wills are subject to these laws, and must provide for the Legal Heirs or risk being void.
Wills are only allowed to determine the Inheritor for the so-called “free-portion” of the Estate. However, Inheritance is not automatic.
Estate Taxes and other administrative items have to be accomplished for land to be retitled or shares transferred. Inheritance through a Will will also require Probate.
You can read more about Heirs and Inheritance Law here.
Atty.Francesco C. Britanico, FCB Law Office
Lawyers in The Philippines
In case of divorce, will my foreign husband have legal rights over properties from my previous marriage that I now co-own with my son?
This partly depends on the provisions of the divorce decree, but note that foreigners generally cannot acquire land in the Philippines.
My husband and I built a house after our marriage, the property is named only to him as I thought that since we married what’s under his name is mine too specially when I contributed to it also. although most of the money used to build the house was from him, but I also have a portion of the expenses. so now, that the marriage is failing, he claims that he only owns the house because it was under his name only and denying my contribution to it. I didn’t have receipts proving that I contributed. But God knows I spent my own savings too. is that right? claiming the house because it’s under his name only and wants me out of it?
The property is presumed to be conjugal particularly if there is no prenuptial agreement.
My grandma just passed away and I’m not close to her Husband. From my understanding, they own a condo in the Philippines. The husband was born in the Philippines and I believe they rent it out because they live in CA. I’m trying to understand the law. Would the property just stay as is under him? They married in the ’90s in Califonia.
It would become the property of her heirs, which include her husband and her descendants.
My husband and I acquired some properties. He have daughter before we got married. Is there a document which can be used that will show Im the only owner since he doesn’t have job and I paid the properties from my own money?
It would have been through a prenuptial agreement. In the absence of that, you may consider a judicial separation of property.
Hi. I wanted to ask if my mom has the right in my father’s inherited property even they are 20 years seperated but they are not annul or divorce
It depends on when they married and on when the property was inherited.
They married on sept 7 1998. My father inheritance land title was named to him since he was born.
This would be part of the conjugal property unless there was a prenuptial agreement.
I have a friend his husband is dead and the only thing that was left was the house. Now his late husbands siblings, wants to have the house. do they have the right? Or the house is inherited by the wife.
This depends on whether or not there are children. The house is probably at least half-owned by the wife as her share of the conjugal property. The other half was the share of the husband and will be inherited by his heirs.
My wife and I both verbally agreed to part ways. Years passed, I got into a relationship and now i have 2children with her. I bought a house and a car listed under my name during this new relationship that I’m in. Are those properties that i acquited still under conjugal property? Does she have legal rights to those properties even though she did not spend a single cent buying those?
Note: we’ve already set aside the legalities of having new partners because she also have a new one.
Thank you in advance
Legally, yes these remain part of the conjugal property unless you obtain a judicial separation of property or legally dissolve your marriage.
My father’s first marriage was annulled. Ten years later, in 2016, he married the woman he’s been with for ten years. When he died, his second wife said his only assets are shares of stock and bank account. Half will go to her because that’s her conjugal share and half will be split among me, my sibling and her. My question is why is the estate to be split only comprised of stocks and cash? Shouldn’t it include half of the house they lived in even if it’s under her name or half the value of the land she bought or half the value of her cars because all of those are part of the conjugal estate? Could you enlighten me? Thanks!
That may be so unless they had a prenuptial agreement. We cannot say without more information.
My Father in-law already passes away 2007 (without will) and both my mother-in-law and my wife decided to divide the property between them after 14 years, property has one title and decided to make them two title which will be equally divided and transfer to my Mother-in law and my Wife. One part is named under “My mother-in-law”, other part is named under “Wife’s name Married to Husband”. However, during the course of transfer all expenses cost involved like paying all the due taxes etc. was made by me and my wife, my question is, does this falls now under conjugal property between us married couple?
No. Property inherited during the marriage is usually excluded from the conjugal property.
A claim could be made for reimbursement of the expenses that benefited the individual spouse’s property, but the inherited property is not itself specifically answerable for the reimbursement.
Good day!
I would like to ask if there are procedures to transfer properties acquired before marriage to the spouse after marriage?
Me and my SO is getting a property before we get married next year. He has the bigger share of income so we will loan the property using his name. We understand that properties are considered conjugal after marriage but he wants me to fully own the property after getting married.
Thank you.
This depends on your specific situation, but you may consider a judicial separation of property.
We’ve written about the process here:
https://lawyerphilippines.org/2017/11/12/a-simpler-way-to-divide-conjugal-property/
A prenuptial agreement may also address some of your concerns, although it is not a means of transferring ownership to property after the marriage.
I am separated with my husband (but not yet legally) and we have a house bought during the marriage. Since this is still mortgaged in the bank, can I just buy off his shares (all expenses he incurred for the house) but the housing loan and title will still remain under my name? Once I have paid off his shares, can he sign a notarized document stating he has no legal rights to the property as he has already been paid of his shares?
Such a document would not be enforceable without a court order for your legal separation or separation of property. The bank would also probably still require him to sign on documents.
I have a friend whose whose mother passed away and left them with a real estate inheritance. They were married before August 9, 1988. Does the living husband have the right to sell portion of the estate?
He could theoretically sell his personal share of the property, but her estate must first be settled before it can be validly distributed.
My foreign husband and I got married in the Philippines. We bought a land in the Philippines under my name but had his name in the house. We had a divorce and he had a new spouse that he marry in the USA who happens to be a Filipina too. He made a will of last testament in the Philippines before he passed away to give half of our property to his new wife. Can he do that? Does his new wife gets half? I would really appreciate the reply. Thank you so much.
This may partly depend on how the divorce disposed of the property, but he could have indeed had ownership rights at least to the house.
Please see the dates and timing of events….My parents married in 1973. my father inherited a land and registered it in 1988 under his name married to my mother. my mother passed away 7 yrs ago. the land Title was never changed. but the Tax Declaration states he is widowed and our names as children now appear as co-owner. My father now in his 70s want to sell the land. can we as children have legal action to block the sale? citing that the Tax declaration is under our name as co-owner?
The land is probably not conjugal property because he acquired it by inheritance and he was married before the Family Code took effect in 1988. If it is solely his property, then the children have no right to it as heirs until he passes away.
Is land inherited from parents part of the conjugal property?
Not if it was inherited during the marriage.
Does the legal wife of the deceased husband has rights to the property if she is already living together with another man even if his husband was still alive? and before the separate their have already agreement nothing to interfere with each other, also they decided to divide their property already.
It depends.
What was the agreement like? Was it a court decision?
Without the right information, it is impossible to say.
These are very useful and I am thankful po for having the opportunity to gather such facts from this site. I am currently studying in Bicol University College of Social Sciences and Philosophy as an A.B. Political Science student and, now that I am already a third year student, we are now taking a subject of Family Relations and Issues. Well, in fact we will be having a graded recitation (as always) on property and relation between husband and wife, so yah, as what I have said a while ago, thank you po for these. These help a lot po! I hope that this site po would still be able to give facts for our future inquiries that will help us as a student with our studies and most importantly is to help us as a citizens of our Nation-State to be knowledgeable on our privileges that must be consummated.
God bless po, keep on educating us po! n_____n
My wife who’s suffering from Mental Disorder ( diagnosed by the Doctor Schizophrenia and Bipolar), she has property but the land title is indicated as “married to”. But the property is inherited from her parents. Do I have the right to sell the property without her consent? I hope that you can answer my questions. Thank you.
This may not be conjugal property at all to start with considering it was inherited after the marriage. A husband cannot presume to sell such property without a court order.
Hello I would like to ask,
I was annulled to my husband 3 years ago and while in marriage i bought some properties in our names together .I was the one who’s working and bought all the properties and because we are in marriage , most of the properties are in joint ownership between me and my ex husband..Is it possible that I can sell those properties by myself ,without his permission? Thank you,I hope you respond.
The court decision will or should have made a ruling on the division of property. You should refer to it for clarity as to your rights, or talk to your lawyer who handled your case.
Hi, i would like to ask,
My sister was married 11yrs ago, and they were not legally separated from the 6th yr of their marriage until now,and they do not have any connection at all. And my sister bought a house under her name, they did not have any prenup agreement, would that still be part of conjugal property? Thank you i hope you respond.
Yes, that would form part of conjugal property. This is why it is best to go through annulment prior to buying any new property after separating from a spouse.
Hi. I have some questions and I hope you can help me out.
1. My parents has a property. The title is under my father’s name with ‘married to’ signifying his status. My father has already passed away few years back and now my mother already wants to transfer the title to my youngest sibling which we are all OK about it. Can you please advise on what steps to take to process the transfer? We want to take advantage of the estate tax amnesty.
2. I am married. The title is under my name, with ‘married to’ signifying my status. I am thinking we should have put ‘spouses’ in the title to avoid the hassle of transferring the title to her name and paying the estate tax when I am gone. Can we still change the title or please advise on how can we go about this?
Thanks.
Sent an email.
Hi!
My Mom passed away 7 years ago. My Dad has now another family but he is dont have a child to his new family, not married also I think.
Now my Dad sells almost all of their properties, including apartments, their small business, even the car my mom bought he is using it, and now my Father also wants to sell the only last thing remaining which is our House. I’m living here at the house, I’m a legitimate child, do I have the right to fight him when he wants to sell the house? Oh and the title name is in my deceased mom, and it is stated that she is single, not married not spouse, also this house my mom inherited from her brother and father, the title name at first was under her father then passed down to her brother and now to my mom. What legal way should I do to exclude my Dad from taking over our house?
Hi:
A child is an heir under Philippine law.
You do have rights to the property but your documents must be assessed, the details of your parents’ marriage understood, how the property was conveyed studied, the family situation fully detailed, and things such as citizenship and other factors considered.
Work with a professional to understand the situation – note that it does take time and commitment to see something like this through.
Hi,
My dad Just passed away. He left a couple of properties.
The properties he left was bought during his and my mom’s marriage.
I am sure that the properties fall in Conjugal Partnership of Gains.
My question now is since my dad is already dead, will it automatically be owned by my mom?
My dad has an 1 illegitimate child. what are the legal rights of the illegitimate child on the properties.
Sent an email.
Hi! I have a business acquired before marriage and all under my name as a sole proprietorship, house and we are currently paying a lot on a monthly basis for 3 years. My question is will she get everything in half since we are married? How are we gonna evenly share it. Thanks!
Sent an email.
In the land title, the owner of the land are my grandparents. My grandmother passed away, my grandfather signed a compromise agreement that he is sharing the whole land to his siblings. Does this means his children have no right for the land? From my point of view, half of the land is my grandfather, and half is for his children. Am I right?
Dear Rhea:
More information is needed.
If the land is the exclusive property of your grandfather, then it is his completely.
If it is conjugal property, then it belongs to the children of your grandparents and your grandfather.
In addition, citizenship, documentation and other issues would need to be understood.
Hi ,
I am married but separated (not legally) , no communication with husband, don’t know where he is either. I have a foreign boy friend who wants to buy a property for me ASAP. What is the best option to avoid husband’s rights. Thanks.
You would need a court case.
couple living separately, wife is in the US and husband is in Belgium.
They are separated for almost 20years and filed a divorced. They are both from the Philippines.
The husband inherited a property her in the Philippine and planning to sell.
Do the wife have her rights to the property? Do the husband still need the consent of the wife to sell the land? Do the wife needs to sign the deed of sale if the property will be sold?
Property inherited during the marriage is generally not considered conjugal property and he should be able to sell the property on his own if so.
Hi.
My mom passed away April of 2019. She died intestate and survived by 9 children. Her estate includes real and personal properties, most of which were acquired during her marriage to my dad.
My parents were married in the 1950’s hence, covered by the “conjugal partnership of gains regime”. When my dad died in 1996, no estate settlement had been carried out, neither were any estate taxes paid.
Our family is now in the preparing for the settlement of my mom’s estate, we have decided to avail of the tax amnesty for my dad’s unsettled estate. My questions are:
1. should my dad’s 1/2 share in the conjugal properties at the time of his death be excluded from the gross estate of my deceased mother?
2. if answer to question 1 is yes, what substantiation should we present to the BIR to support this deduction?
3. once we pay the estate tax on my dad’s estate, can we claim the portion pertaining to the properties that went to my mom be allowed as vanishing deductions from my mom’s estate?
4. when a CPA certification is required, to whom should the certification be address to and should it include a computation of the estate taxes due?
I look forward to hearing from you. Thank you.
Jule
Dear Jule:
These are very specific questions whose answers can depend on what the exact case facts are.
I’d really prefer to assess the entire case before giving such answers since they might be misleading.
In general, a husband’s share of the estate is separated out from the conjugal property. Taxes are paid on his portion when settling his estate.
Documents regarding property ownership, family relationships (marriage certificate, etc), and others would be used to substantiate his claim estate.
Vanishing deductions are likely not applicable in this case.
Hi,
I would like to ask if my grandmother has the right over an inherited property in the philippines by my deceased grandafther from his parents before the marriage and how would the property be divided among children and grandchildren.
Thank you in advance.
There is not enough information to say. Considering your grandmother’s probable age, the prevailing law at the time of her marriage was probably the Civil Code rather than the Family Code so that properties brought into the marriage would not form part of the conjugal property. However, those properties would have been inherited by her and their descendants from the deceased grandfather when he passed away. The allotment of shares would depend on who the survivors were.
Situation in Summary:
– My uncle acquired a property when he was still single.
– He was a Filipino citizen.
– He married before the effectivity of the Family Code, without any prenuptial agreement.
– He died intestate and without any children.
– There were no improvements on the property.
– He is survived by his spouse, brothers, sisters, nephews and nieces.
From what I’ve understood from the helpful info in this blog, his property is governed by the regime of Conjugal Partnership of Gains. Upon his death, how will the property be divided since it was exclusively his? Paano po ididivide yung property sa heirs? Kasi ngayon, bali sinolo ng asawa at binenta ng patago. Will appreciate your advice po. Thank you and God bless!
Sent an email.
My parents married in 1989. And my father died last 2004. We are 3 siblings with legal age. My father has an inherited property this year 2020. Who has the right to inherit it? Do my mother has its right also, when it was not conjugated property?
Children inherit under the right of representation.
Good Day! I have a friend and wanted to sell a condominium unit, the Title is under his name and ex- wife. They are divorced long time ago and
now he wants to sell the unit, what are the necessary documents needed for the sale.
Thank you for the help.
Hi Cindy:
To assess whether he has the right to sell the property without his wife’s agreement, more information is needed.
A scan of the title, the divorce decree, their citizenship at the time must all be assessed.
It is difficult to assess without this information.
Good day, I am into a relationship with a married man…. This guy is already a citizen of Guam (though he is a Filipino by blood) and her wife is also a Filipino. They are not yet legally separated, and their marriage is registered here in the Philippines.
Our concern is, if he files for annulment, would her first wife still has rights on his properties that are purchased before the annulment.
But, some of the properties he bought are under his name and siblings.
She would be entitled to part of his share if there was no prenuptial agreement.
Note that the type of marriage regime can affect the computation of her share. In addition, how the property was acquired will determine if it forms part of conjugal property or not. Other facts may also be relevant.
Since these facts are not available, the information is just general information and may not be applicable in your case.
Hi, I am 24 years old, my mother died in 2012. The house which I currently live in was owned by my mother and the title of the house is named on her when she was still single. but the title of the house is lost. now me and my father is not in good terms because he leaves us when I was a kid, he wants to sell the house of my mother, they are married. is there any way I can do for he could not sell the house? thank you so much
Sent an email.
Hi,
My parents have some properties that I would like to purchase from them. My parents are willing to transfer it to me through deed of donation.
Once I acquire these properties, is this considered my exclusive property and my husband do not have any rights on these assets? I am separated from my husband so I want to make sure he doesn’t have any shares from all the assets I would like to buy.
Would it also be wise to purchase properties and put my mother as the owner (and then transfer it to me as inheritance) just to avoid any problems in the future with my husband? That way, all my properties will be considered “gratuitous title”? Thanks!
Sent an email.
My parents married on 1989 but went on separate ways a year after ( marriage never got annulled). I am an only child. My father moved on with a new partner/wife and had two illegitimate acknowledged children.
My father recently died and left us no will. He has money that which he inherited from my grandparents.
How do we divide the money, how much share are we rightfully entitled to each children. Also, does my mom the surviving legal spouse also gets a share?
Thank you so much
Dear Johanna:
This depends.
If there was a pre-nuptial agreement, if the property was exclusive – these and other such factors can have an impact on the shares.
Please see this link for a discussion on the shares: https://lawyerphilippines.org/2019/02/08/compulsory-heirs-under-philippine-law/
I am planning to buy a property from my paternal grandmother. My paternal grandfather has been dead for 19 years now. Upon buying the property, who will be the signatories on the seller’s end? Will it be just my grandmother? Or will it be my grandmother plus my aunts, uncles,and father (the heirs)?
Dear Raphael:
All the heirs will be signatories. To determine the heirs, you must first determine what type of property it is and then note the Philippine Laws on Succession.
Also note – avail of the estate tax amnesty as otherwise transferring the property is very expensive. The estate tax amnesty is only available for a limited time.
Hello po,
Our delimma is settling the EJS of my dad. He was survived by a wife and 2 children (US citizen) without a will.
If settling his estate through EJS, is the surviving wife entitled to 50% as her conjugal property and 1/3 of the remaining 50% that would be divided to 2 children?
Basically, is the wife entitled to the 1/3 of other half or the 2 children would get 25% each instead of divide 3.
================================
My 2nd question
If the wife is still alive, what would be best option to transfer to 2 children (US citizen) ?
Can we include settling her conjugal property into 3 heirs (including her share) with the EJS to save on taxes?
Thank you in advance.
Sent an email.
Hello I’m US foriegns living in Manila. My first wife was Filipino, my Second wife American, my current wife is Filipino. I have a couple of questions Sir/Ma’am
1. If I have a last will and testament made here the Philippines leaving my current wife my US life insurances. She’s the only list on the policy. But I’m concerned that my only two adult kids 30/32 will try to get the money somehow. So will that part of the will be valid in the US coming from the Philippines.
2. We own Perpetual
Ownership condo, will the last will testament giving her my half of the condo. Stand up in Philippines Court against my first wife divorce who’s Filipinos and my two adults children by her? Because their a 29 years age gap, I don’t want to see her losing her home. She’s first on the loans documents and I’m second on the loans Ownership condominium.
3. The car is paid off, can I put Certificate of Registration (COR) in my wife name?
4 Who can you highly recommend for me for a last will testament. With my concern, thank PO for any guidance
Your civil status is governed by your national law, as are the rights to inherit from you. You appear to have full freedom to dispose of the properties you mentioned.
A US will can be recognized in the Philippines and vice versa.
I am separated with my husband (not legally) for 5years. I bought a land property of my own expense. Does that considered as conjugal property? I don’t want him running over my property afterwards
Yes, he has a right to it if bought during the marriage.
Hi,
My father’s first wife died and they had two sons, and then my father married again with my mother and they have us—me and my brother. My mother inherited a land and my parents built a house(but mostly the expenses was from my mother), during the marriage my mother bought the land behind our house with her own money. In the year 2006, my father died and my mother transferred the house and lot to me and to my brother.And recently, we sold the house and lot as there is a problem with the right of way. One of my half-brother opened up regarding conjugal property of my mother and our father, telling us that they have the equal right in the said house and lot. My question is, do they have the right to the sold property since they claimed that its conjugal?Thank you in advance.
Your step-siblings may or may not have a right to the property depending on the facts of the case.
To determine who has rights you must determine your parents’ marriage regime, whether the property is exclusive property, whether there was a marriage settlement, etc. You must also have the documents fully assessed by a lawyer.
These case facts would then help in answering your question.
We are planning for annulment and we already came into understanding about all the properties to be divided. can we decide this ourselves or the court will have to decide?
How the property is dissolved is provided by law.
Annulment cases are not subject to agreement or collusion by the parties. It must be the court that decides how the conjugal property will be allotted as provided by law.
My mother passed away recently. When she was alive, she had her bank account named after her “and/or” my sister, so that my sister can deposit or withdraw money in her behalf. Note that all the cash deposited in this account was our mother’s money. Now that our mother is gone, is there a way for us other siblings to inherit money from our mother’s bank account? Or does my sister who share “ownership” of the account (although she never deposited her own money in there) gets to take all the cash from that account?
You and your other siblings would inherit your mother’s share of the account.
Your sister would maintain ownership over her share of the account.
my deceased father has a share of land from his parents, but the title is still as a whole and has not been subdivided (though his and his siblings names are all enumerated in the mother title with specific measurement of what they are entitled). my question now is how will be the partition between me (who is illegitimate) and my other siblings? my father is legally married to his 1st wife with 8 kids (minus 1 who passed away already). the year of their marriage is 1958. so basically, living spouse + 7 living legitimate children + 3 illegitimate children. the legal children are asking me now to pay them off instead as they want their share. me and my mother are the ones staying at my father’s property as they’ve been together for more than 30yrs already. the legal children are now claiming on their legality so i might just execute a formal document to settle them, as to have a peace of mind as well. hope you can help me. thanks.
Sent an email on this.
Hi, my 83 year old aunt is selling her property. But she is married before and has not been legally separated from her husband who had abandoned her. Problem is, the buyers are asking for her husband to sign too the documents since she is technically married but my aunt does not know where she can find her exhusband because they have separated for almost 30 years already. The property was bought by my aunt when she was still single around year 1972 and she got married by year 1980. Is her husband still has rights over the property even it was acquired by my aunt before their marriage?
Hi Mai Mai:
It seems your aunt is under Conjugal Partnership of Gains.
As such, the property she bought when she was single is still exclusively hers.
This information of when she was married is very important. If she was married under the current property scheme, then the property forms conjugal property.
But since she was married when Conjugal Partnership of Gains was in effect, then it belongs to her exclusively. Please note this distinction.
Hi i am melody
I just want to know what the are the rights of ilegitimate child to the property of my father and what is our right also as legitimate siblings and also my mother
who passed away long time ago, thankyou
If your father was a Filipino and there was no will, then the property will be given to his legal wife and all his children, legitimate, illegitimate or legally adopted. An illegitimate child will generally get 1/2 of a legitimate child.
There is not enough information to comment specifically on the shares each will receive in your case.
Hello. My mother just sold her properties and plans on giving me and my siblings cash (as inheritance). I am married and with children. I want to know if inheritance in form of cash considered personal property? I understand that with properties like land, you can prove that it is inheritance through deed of donation or inheritance, but for cash, is there a written document we can use to prove it is inherited so that it does not become conjugal?
As this is gratuitous title, this should be excluded from conjugal property.
Note it must clearly be a gift, donation or inheritance.
Hi. I would like to inquire. I and my wife is separted for almost 8 years. I do have a house and lot acquired before we get married and im planning to sell it. Would it fall under conjugal property. Do i have to ask for her approval. Thanks
Yes, that is part of conjugal property if you were married after 1988 and had no prenuptial agreement.
Good day,My question is,my mom inherited a lot from her parents. They got married on 1970, my mom pass away and the land was sold. Do our father have a share on the sale of the land? Is it considered as conjugal property? How many percent is he entiled to he gets a share on the sale? Thank you very much.
Property inherited after the marriage is usually not considered part of conjugal property. However, her husband and children are her heirs who can inherit from her in equal shares.
Hi. My mother inherited a land (through donation) from her parents years after she got married to my father. They got married in 1985. This inherited land has been an empty lot for years but recently, my mom had a simple building constructed over it, and it now functions as a small canteen. My parents have been separated (but not legally) for 21 years. I know the land is my mom’s personal property but what about the building and earnings we get from it? Is the building (and earnings) conjugal or is it still considered my mom’s personal property?
Hi Melissa:
It is probably part of conjugal property as it was created during the marriage and as such could be conjugal property. It would need to be argued and proven in court, if it came to that.
Hello. I am Filipino and have two children. I had my first child with my ex-boyfriend. We separated and after more than a decade, I met another man, the love of my life and married him in 2016. That’s when I got pregnant with my 2nd child. After marriage, I inherited some land from my mother. I understand that it is my personal inheritance, but what I want to know is how my 2 kids will divide it in the future when both my husband and I are gone. Since this is a personal property and has nothing to do with my husband, does the legit and illegitimate child concept still considered? I just want to know if my 1st child will get an equal share as that of his brother. Thank you for reading.
Sent an email.
Do we get equal share of my parents’ properties? Or is there a difference between legitimate and illegitimate when it comes to dividing the properties? Thanks for replying.
Oh, I just read from the article above that my half-siblings get half of what I get. thank you for the info.
Hi, i just want to clarify something..
My auntie passed away already, so her husband and 2 children wants to sell the property.. The question is.. Does the title needed to be transferred under the name of the husband before they can sell it…?
Does the death of my aunt needs to be published in an orbituary?
I hope to hear from you.. Thank u in advance..
Some will execute an extrajudicial settlement with deed of sale.
I am Filipino and an only child. My parents were married in 1987 and are still living together. I just found out that I have three half-siblings who are all minors. My dad is not aware that I already know about his other family because we were never introduced. My dad is a co-owner of a company which was built after my parents were married. My father handles all the finances while my mom is a housewife. My dad bought two houses (one where we used to live in but now rent to tenants; and another where we live in now). Do my half-siblings have a right to my parents’ conjugal properties?
Yes, they do.
Just want to know if the first spouse have a right to the house acquired by the second wife and husband. The house’s deed of loan was in the names of both husband and wife. The house was acquired a decade after separation from the first wife. Additionally, though the first marriage was never annulled or legally dissolved, the first wife had had several children with different man and her infidelity was the caused of their separation. Additionally, part the house’s loan were from the second’s wife’s children. The house’s loan was transfer to Pag-ibig and were several times restructured and paid by the second’s wife’s child. Should the first wife has rights to this house?
Hi:
In general, the legal wife has rights to the property.
The court would need to decide if you argue otherwise and this can be long and expensive.
This is actually why most people go through an annulment.
Annulment protects property rights.
Couples living separately and already divorced for almost 25 years.
Wife is in the US and husband is in Belgium. They are both Filipino.
The husband inherited a property here in the Philippines, planning to sell the property. Do the wife have the right to the property.? Do she still need to sign to the Deed of sale? Do the husband still need the consent of wife to sell the property?
Inherited property is generally excluded from the conjugal property so she would not have rights to it while he is himself still living.
Hi!
My wife and I are separated for years but not legally. She now wants to buy a house and lot through a pagibig housing loan.
Now, she is asking for my signature. I want to ask If i signed on her application for housing loan will I be liable to her debt if anything happens to her or if she will be incapable of paying her housing loan? Will I shoulder the cost of her housing loan?
Does pag-ibig housing loan really require husband’s consent even if they are separated -in-fact. Can a separated-in-fact married couple not be able to buy a real property without the marital consent of each other? What will be the option if the wife or the husband does not want to sign the docs as requirement.
Thank you
Hi:
This is actually why people go through annulment.
Annulment clarifies property issues such as this.
Otherwise property concerns may continue.
hi, good morning!
My concern is that I am planning on buying a property (condo), me and my husband are still married although separated (not legally) but I’d like to understand what is the best way in safe-guarding the property that I am planning to buy without making it a conjugal property or without him running after that property. Are there work arounds? Thank you and appreciate your legal advise.
There are risks.
It is really better to annul the marriage.
Also, when you die, he will have a share automatically.
Hi,
I am interested in this situation. I understand there will be risks involve however, I would like to know the options / work around on this situation.
Thank you and I appreciate your help.
Many thanks,
Sent an email.
My dad passed away years back leaving us a piece of land. May mother remarried after 5yrs from the death of my dad. Does she still have the right/share to the land even if she remarried?
Yes, she and their children are equal heirs with equal shares.
Just want to ask if my grandmother have a right to their land. She have two sibling in her first husband that already dead and the older son is dead already. Her other son sold their land and as per them my grandmother dont have any right for that. Because she have other family. My grandmother is 90 years old now.
Answered on email.
Hi. My husband and I have been separated (not legally) for 7 yrs and he has never supported my child ’cause he said nothing’s left with him because he also has 2 children with his current partner. If I am to get a car or a house now, would it still be considered a conjugal property? If yes, what can I do, besides getting annuled or legally separated, if I want to get a property without him having any right on it?
Thank you.
No. You must annul the marriage.
Hi,
I bought several properties in the Philippines but in the contract and deed of sell written as ( my name ) married to ( my husband name) i is this still considered as conjugal property? Does he needs to sign if I want to sell the property? How can I transfer this to my children’s name? Please advise. Thanks
This is probably conjugal property unless there was a prenuptial agreement or he is a non-Filipino. If it is conjugal then either his consent or a court order will be needed.
My grand mother is 90 years old already ang she have first husband and she have two sibling for the fist husband. The older is already passaway long time ago. The other sibling sold thier land and as per them my grandmother dont have any right to the land ang to the money that they are getting. Just want to know if my grand mother have a right for the money or to the land.
Sent an email.
hi! my mom bought a land but she passed away and my dad sell a portion of this land.Does the children has the right or a say for selling this land.
Hi:
This is only general information as there is really not enough information to comment on your situation.
If the property is conjugal property and one of the spouses has passed away, then the deceased spouse’s share will be inherited by his/her children and legal spouse.
This information can change if the property was exclusive property, if there was a will and disinheritance was begun, as well as other factors specific to the situation.
Hi,
I’ll be getting married in a few months. I don’t want a prenup because it will have an emotional toll on my soon to be spouse. Isn’t it true that from what i read here, the inheritance that I will be getting is my exclusive property and will not be conjugal?
Inheritance received DURING the marriage remains the property of the inheritor only.
If the inheritor dies during marriage, the properties will be divided as per law if there is no will? Half to spouse and half to kids? Or will they revert back to co-inheritors which were the siblings of the inheritor?
Hi Maria:
Can you further explain the situation?
There isn’t enough detail to provide information.
I would need citizenship, property details, family situation and other items to be able to provide data.
Hi. My grandma bought a land for my parents during their marriage. Understand it is considered conjugal property for my parents. However my dad passed away 7 yrs back. My Mom wants to sell the land now. Does the kids have any right on that. Do we need to sign the deed of sell if she sells the land. Please advise.
Sent an email.
My father wants me out of the property that my mother inherited from her parents. Now my mother is dead he claims he can force me out of the property. is this true? dont I have rights as a son to live there as the property originally came from my mothers side.
You may each have shares to the property as both of you are heirs of your mother.
hi, we are three siblings. my mother died a long time ago, my father inherited a property from his uncle (no child , no wife),my mom and dad got married before my father got the inheritance. but my father have an illegitimate daughter, after my mom died, my father has a relationship with a woman and have a daughter. but they are not married. my question is, does the illegitimate child have a share in the inheritance? if she does, what share does she have? how much share does she have?
She would inherit from the father in a share equal to 1/2 of the share of a legitimate child.
My aunt inherited a property , She married late with no kids. I think she got married in 1987. She died first then her husband . The title is still under her name . Her husband has a grown up daughter . Is the daughter entitled to the property she inherited and how much is her share?
If she is her father’s only heir, she is entitled to inherit his entire estate. Her father would have been a co-heir of his wife together with the wife’s siblings or nieces/nephews.
Good day! I am married for 13 yrs however, we got separated now for 11 yrs (no annulment or legal separation). He has his own family now, and I’m still a solo parent to our daughter since he never provide any means of support. I am planning to acquire a real estate property. Will that make him entitled to a conjugal property? If so, is there any way that I can contest on his rights in case I acquire a property through inheritance or from my own expense? Thank you in advance.
Sent you an email.
Hi, For estate tax purposes, what is the presumed regime if it was not specified whether it is absolute partnership of property or Conjugal partnership of gains in determining the gross estate of a married decedent.
Thank you!
The law in effect on the year they were married and their property regime if there is a prenup.
Hello. I have been separated from my husband in the Philippines in 2001, we were married for a year. I’ve been living abroad since we separated in 2001. I filed a divorce in Hong Kong in 2004, which the Philippine law doesn’t recognized. I got married to another man and acquired a foreign citizenship and lost my Filipino citizenship in the process. My foreign husband and I bought a foreign property since. My question is, is my ex-husband in the Philippines entitled to my foreign property? Is my foreign property deemed a conjugal property between my ex-husband in the Philippineso and I?,Thank you.
The various properties will be governed by the law of the country where it is located.
Is inherited property acquires after marriage be divided in case one spouse file an annulment?
Property inherited from the family of one spouse during the marriage is usually not included in the conjugal property and would thus go to only that one spouse.
My aunt passed away owning an inherited property from her father. She died leaving her husband and 4 brothers, without any child. Who will be the beneficiary of the inherited property?
Her husband and siblings.
House property named after the wife, will it be taken by the husband after legal separation? Who has the right to own it?
It depends on the specific circumstances of the legal separation. Note that these can be very involved. We write about legal separation and property division here:
https://lawyerphilippines.org/2017/04/03/legal-separation-in-the-philippines/
Hello! I have some questions. So my uncle got seperated (not legally seperated) from his ¹st wife and they had 3 kids. Now my grandparents (his parents) inherited him a few portion of lot. Now my question is does his ex wife and kids have a right with that properties?
Thank youu in advance
Not while he is living since the property was acquired by gratuitous title and thus not part of the conjugal property, but they remain his heirs after he dies.
Good day sir,
I got married last 2015 and on 2020 we separated living with each other. I plan to process an annulment this october. I acquired some properties when i am single but none of those was transfered to my name. Question: can my ex wife claim half of that poperties?
It partly depends on the grounds of annulment, but in general all property brought into the marriage becomes part of the conjugal property.
Hi,
I am Filipino and I recently found out that I have a half-brother (from my dad). My parents are married and never separated.
I am currently working and is investing some money in our business and investing items in our house.
What is the right of my half brother when the time comes that I will be managing our business/getting hold of the property?
My concern is that it was my parents’ hard work and it would be unfair for my mom and myself if suddenly the other “family” gets hold of the share, which they never helped to begin with.
I was never introduced formally to my half brother and as far as I know, my dad is providing him with sufficient needs until he graduates from college.
I hope you could help me with this one.
Thank you.
Sent an email.
I am planning to annul my husband. We got married in 2015. I bought a condo in 2018 and have been paying it thru my own earnings. I asked the broker of I could put it in my name only and he said it’s conjugal. My husband has no job since 2017 and has no financial contribution whatsoever. I am the sole breadwinner and we don’t have any children. My question is if we get annulled, would I have complete possession of my condo?
The court decision would also provide for how the conjugal property is to be divided. This depends on the ground for annulment / nullity of marriage and the particular facts of the case.
I have some question. My mom had lots of properties before and I had inherited 4 properties we are 9 altogether. I built a house my owend money on one of the proprty. Now my husband is getting cocky and threatens me that he can ran after my inheritance property as congucal properties. He can force me to sell it for his share? I don’t think so. ..over my dead body. I may get separated in few months from right now. I am trying tomprotect my mom properties.
I also bought a small property and build the house on it during our 28 yrs of marriages but not single he gave me. Can he get part of this property? Can he force to sell and get his share?
Thank you in advance for answering this questions.
Sincerely,
Lita
I will send an email.
Hi,
What if my husband has one ilegitimate child and one legitimate child with me and I acquired a property before we got married. Who will inherit my property? Is it possible to put only my name to the deed of sale and title since i am the only buyer.
Hi Zes:
Are you a Filipino married to a Filipino?
Where is the property?
Did you have a pre-nuptial agreement?
These factors – among others – determine who inherits and what law is applied.
There is not enough information to really provide an answer but — In general, property becomes conjugal for Filipino couples. This means that your husband has a right to your property and his children after him after he passes away.
My uncle wife is dead and they have no child? My uncle wants to sell all of their properties of his deceased wife.
does his wife family can get the part of the property?
We do not have enough information to say, but her siblings or their children may also be her heirs if she left no last will and testament.
Hi,
Me and my wife are both Filipino citizen, I currently staying in the US and she is in Australia. We have a conjugal property in the Philippines that I alone are paying but using her bank since she was in the Philippines when I decided to buy the property. Since we are no longer together, we decided to settle the property, she is willing to sign Quit Claim Deed to transfer her right of co-ownership to me.
I just wanna know po if the Quit Claim Deed be sufficient for me to transfer or sell the property in the foreseeable future without her consent?
Thank you very much po.
P.S.
Iis it ok po to ask for a Quit Claim Deed form?
Legally, a quit claim would not be enough.
If divorce, annulment, or legal separation are not feasible, you may consider judicial separation of property.
We have written about that here:
https://lawyerphilippines.org/a-simpler-way-to-divide-conjugal-property/
Is the property acquiared in another spouse in which I am living with is a conjugal property?
Is the legal wife has the right to confiscate or take legal action in court all the properties I have?
I have 4 kids to my common law wife and 17 years seperated to my legal wife.
Thanks and hoping for the answers.
Sent you an email.
Good day,
I just want to ask,
My lolo inherited a portion of lot, after their marriage, is it a conjugal property or not?
Probably not.
I’d like some information on this too. My mother is separated from my father (annulment still ongoing) for more than 10 years and he has a common law wife and 4 illegitimate children but, he also have us 3 legitimate children under the care of our maternal grandmother. I don’t think they had a prenup agreement and they married around 2000s. How will their property be divided if they annulled successfully or if an accident happens that leaves one of them to be widowed?
It depends on the ground of annulment/nullity. If it is psychological incapacity, you will remain legitimate children. If other grounds, you would be on equal footing with your father’s other children with respect to inheritance from him.
I have been separated from my husband of 27 years in a the Phils. I am living in the US and have married another man. I want to know if I still can claim right to the house we have in the Phil
It depends on the situation.
my sister died 4yrs ago and they don’t have child,they have their own house,the said house was been rented from my brother in law,do my parents got shared from rent payments?
If the wife passed away without children while her parents and siblings are still living, the widower would be entitled to half his wife’s estate and her parents to the other half.
The wife’s estate would have to be settled to resolve this.
Is it legal for my father to sell conjugal properties like land after my mother dies?
The conjugal property should be dissolved and accounted at the time of the death. But you would have to formally oppose the sale and have the titles to the property annotated with the opposition if you want to forestall a sale that your father contemplates.
After marriage my husband and I bought a house with shared savings but under his name. My husband died. What will happend to the ownership of I remarry?
You may consider making prenuptial agreement before remarrying in order to forestall and confusion.
Is the property acquired in the year 1969, and the marriage happened in 1958 is conjugal property?
The property is declared in the name of the husband and both spouses was already pass away, and they have no children, where did the property go? Who’s heirs can claim the property the husband or the wife?
Absent a prenuptial agreement, it does not seem to be conjugal property.
As to who inherits, it partly depends on who passed away first and who their respective heirs are, such as their parents, siblings, nephews and nieces.
What if both husband and wife died along with their children?
Do you mean to ask about who would inherit in this case? Take a look at the post of compulsory heirs as this would help you.
I’m currently divorcing from a US citizen husband and acquired a property in the Philippines during marriage. He put in 65% and I put in 35% money in the house but I did all the work in finding the property, relocation of our things, managed and maintained the house, etc. what is husband entitled to being a foreign citizen who is not allowed to own a property in the Philippines? He also left for the US and left to me the responsibility of managing the caretakers in maintaining the house
Except under certain exceptions which this case does not appear to fall, a foreign citizen cannot own land in the Philippines. We cannot speak to your specific situation without more information.
Who will be the successor of the real properties if the wife dies and they have no child..Does the brother or sisters of the late wife can get a portion of the proerties?
They can. This provision of the Civil Code may apply:
Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. (953, 837a)
My question is: My parents’ properties have been transferred to my and my brother’s nanr. My brother and i are both married, my brother to a Filipina and i to a foreigner. Is my husband still entitled to his portion after we divorced? We were married abroad in August 1996 under conjugal property. Would my husband be entitled to the property and how much? Could he give up his share? What are the requirements to have this processed?
This is not enough information to work with. However, property inherited by one spouse during the marriage is typically exclusive to that spouse and is not included in the conjugal property.
The first wife was grated a Certificate of Land title by th goverent, when she died her husban remarried then the husband died, will the second wife has a shre in the property?
She may. This may depend on the terms of the government grant. The extent of her share will also depend on whether the first wife had descendants.
Hello. My parents bought this 200 sq meter house and lot last 2005. It has a duplex house where they live in the 1st house and me and my family lives here in the 2nd house. My mother died last year. My father said he owns this whole house and lot now and wants to evict me and my family because he wants our house for a business. he would like to have this rented by other people since he said i am not paying anything to him while we are staying here. when we stayed here i gave them 1k per month and then i was the one who renovated the house because when we transferred here there’s a lot be fixed and i did that. i applied for electric connection too. My question is, can he really evict me and my family? do i have the right to live here in the house as his daughter since i am married? do i need to pay my father 5k as our rent while living in this house? if i dont have the right to live here and should get out, can i ask for compensation for all the exoenses i paid for this house repair? i hope you can help me enlighten my case. Thank you and more power.
You are your mother’s heir and are entitled to a share of her half, but so is he. You are co-owners in varying amounts.