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 are the Legal Implications of the Conjugal Property Regime?
- 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?
- Practical Advice Offer guidance for couples:
- Frequently Asked Questions about Conjugal Property
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 are the Legal Implications of the Conjugal Property Regime?
Each conjugal property regime has different legal implications.
- In case of annulment under an absolute community regime, all properties are shared equally.
- In case of annulment under conjugal partnership of gains, the conjugal property is formed by the assets acquired during marriage.
- In case of annulment under separate property, there is no conjugal property so each person retains ownership of their own property.
- In situations of legal separation, the “innocent spouse” may claim all conjugal properties if it can be demonstrated that they were not at fault but this type of case does not end the marriage and is often hostile and combative.
Because each different type of Conjugal Property regime has different implications, it is important to understand each type of Conjugal Property Regime.
I’ll go through each in detail below.
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?
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.
What is Complete Separation of Properties?
Before marriage, Philippine law allows the future spouses to determine the property regime they want to govern their marriage. Note that this can only be done before the marriage, NOT after.
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.
Prenuptial Agreements Philippines – Protecting your Inheritance from 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.
Is Inheritance part of Conjugal Property?
This depends on the facts.
An Illegitimate child (non-marital 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 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.
Practical Advice Offer guidance for couples:
Conjugal Property affects so many things.
Both the spouses have rights to each other’s property, meaning that they inherit from each other and may need each other’s signature before selling, leasing or buying property.
Furthermore, if inherited property is transferred to one of the spouses before marriage it may be inherited by the other spouse or that’s spouse’s children.
Because it affects so many things, it is very important to discuss this with your future spouse before you marry so that each of you knows what to expect and is protected.
- Regularly assess and discuss financial assets together.
- Seek legal advice when formulating a prenuptial agreement as a prenuptial agreement is the best way to protect your assets, and it can get complicated depending on the number of assets and what each person wants done.
- Maintain records of personal contributions to any joint assets
Frequently Asked Questions about Conjugal Property
1. What happens to conjugal property when a marriage ends?
The distribution of property is determined by the type of regime in place; in an absolute community of property, assets are split equally, whereas in a partnership of gains, only assets acquired during the marriage will be divided.
2. Can I protect my inheritance from becoming conjugal property?
Yes, you can safeguard your inheritance by creating a prenuptial agreement prior to marriage.
3. Are gifts received during marriage considered conjugal property?
Gifts received as a result of a gratuitous title (without any compensation) are generally excluded from conjugal property.
4. Can illegitimate children inherit conjugal property?
Yes, illegitimate children can inherit conjugal property.
A male seller got married in 2007. They acquired a property in 2013 (condominium unit) and got annulled in 2019. In the decision of the annulment, it was stated that there was no property acquired during their marriage so there is no liquidation of properties. Now, the male seller is selling the condo property. Is it valid is he is only the signatory of the deed of absolute sale.
Hello. Just to be sure, it’s best to consult a lawyer who can review the annulment decision. This will help ensure that your next steps, particularly in selling the property legally sound and free from future complications.
If you’re interested, you may book a consultation with our senior lawyer, either online or in person, for only PHP 2,500 per 30-minute session. Thank you.
Hello married flipping for 25 yrs separated 10 years now waiting for final divorce notification. Bought property in philippines with inheritance from my parents while married, both names on mortgage property was subjected to land fraud by developers and remortgaged, been through and still is with the courts. Question is where do i stand in relation to the property division if any? Is my wife soon to be ex entitled to equal split? And am I entitled to receive back the initial outlay of the inheritance money used to mortgage the property? the value mortgaged was 5 million pesos, paid in total 3 million pesos
Hello. The facts that you have given requires lawyers’ legal assessment. If you are interested, we can book you a consultation with our senior lawyer, Atty. Britanico, who is experienced with this kind of matter. The fee is only PHP 2,500 per 30-minute session. Alternatively, we will be sending you a direct email, kindly check your inbox. Thank you!
Hi, I am a transgender woman who got divorce here in the UK and at the moment we are in the process of settling our claims. I have a property in the Philippines under my old name together with my brother and his wife. The property is a inheritance from my parents and was transferred to my name, my brother and his wife in 2010. Me and my ex-husband got married in 2013 and legally divorce in 2022, we lived together for 9 years. Is my ex-husband can legally claim from the property in the Philippines?
Hello, we need more information about your situation. Please email us directly at admin@lawyerphilippines.org or book a consultation either through call or online. Our fee is only 2,500 per 30 minutes. Thank you.
the house was bought during our marriage. i paid in cash as dp to the seller and the balance he is paying thru 30yr loan through pagibig and currentkybhave 20yrs to go out of the 30 yrs. then the husband filed for annullment (still ongoing). he is also claiming he isn he sole owner of the house because he paid more for it (i think he included paying for the utiltiies) but in reality the amount paid for the existing loan is barely half of the balance) and pkans on selling the house but i gave no consent. what is his limitations to his ownership to thr house?
Based on your situation, the house was acquired during the marriage, and I think you and your husband didn’t execute a prenuptial agreement, so it is presumed to be conjugal property. while the process of the annulment is ingoing, your husband cannot call himself as a sole owner since the property was obtained during the marriage, which means it was jointly own it, regardless of who paid more, you husband cannot sell it without your consent. Until the annulment is finalized, the property remains conjugal, and division of property will be addressed during or after annulment.
My mom died 10 years ago, at that time, I was 14 years old. My dad left and went to the province and started a new family. He seldomly send me money to survive so I had to work at an early age. He never went back to our house until this January 2025. The reason he went back was because he had problems with his new wife (not married), had a huge debt and he’s receiving death threats. He wants me to leave this house along with my new family because he said he owns it and I don’t have the right for this house. The house was bought from Pag-ibig by them before, I had no knowledge about how it works before since I’m a minor. Do I have the right for the house?
yes, you may have a legal right to the house. Under Philippine Family law, if the spouse bought a property during the marriage, it is presumed to be conjugal property. This means that each of the spouse owns 50%. As the legitimate child of your mother, you are compulsory heir. You are entitled to her 50% share. Your father cannot force you to leave the house without due process.
I am a Filipina married to a foreigner. Properties bought while married are under my name and married to the foreigner. I am now almost 4 years separated to him, not legally. Is this conjugal property?
I heard that he is in jail for 3 years now. I would like to purchase a property. Do I still need need his consent in pag-ibig housing? I heard that he is now far. Still need a consent. What to do?
Thanks for your help.
Even if the properties are under your name, anything acquired during the marriage is still presumed conjugal unless you have prenuptial agreement or can prove you used exclusively your own funds. Since you are still legally married, you generally need your husband’s consent for PAG-IBIG housing or any property purchase, even if you’ve been separated for years and even if he is in jail. If he is unreachable, the only way to buy a property without his consent is to file for annulment or judicial separation of property, which will legally allow you to acquire assists on your own.
Hi can I ask during my marriage with the filipino ex husband my daughter inherit money from his father and supported her her until she turns 18 years old even I was separated from his own father. Then I got married and on my second marriage I have used the inherited money of my daughyer to purchase a new house at that time when we purchase my daughter is under age so it got put under my name only as I have an agreement to her fayher that house will be inherited by my daughter when she is in the right age. After 2 years i finally got married to a filipino and purchase that house 1 year after i got married. We have annulement after 9 years. But have not divided our assets. Then again after 4 years I got married to a foreigner and aftyer 11 years but ?e didnt have any pre nuptial before getting married with this foreign afyer 11 years being married to this foreigner on our settlement process now he wanyed to claim something from that assets that it is under my name that my daughter inherited from her own father. Does the foreign second ex husband has any rights to the properties? Or the first ex husband who is Filipino the same as me has more rights than the second ex husband. But the first partner who gifted this to his daughter has more rights to claim. But now the daughter is on the right age wanting to transfer the pelroperty under her own name. Please advise me.
Your situation is very complex to provide suitable legal assessment. In this case, it is wiser to consult a family lawyer to address your concern.
A piece of my grandmothers land was inherited by my father who was married to my mother. Is the property considered conjugal?
It is not automatically considered conjugal property since these are assets acquired during the marriages. Since it is an inheritance form his late mother, this is exclusive property.
I’m illegitimate child. My mother get married to her boyfriend not my biological father.
My stepdad own a property under his name it was acquired before marriage, when he passed away i presumed all the rights goes to my mother since it is already a conjugal property. few months later my mother also passed away. They never had children during their marriage. Now my stepdad siblings wants to take the property.
Now my question is am i the compulsary heir? can i contest their claim in the court?
When your mother inherited a share of your stepfather estate as his surviving-spouse. Sinc your mother later then died, only her estate, you, as her child, are a compulsory heir. This means, you only inherited your mother’s estate, but not your stepfather’s entire estate. Since your stepfather has no children and his wife died, the next in line is his parents (if alive) and siblings if the parents are deceased.
My sister has 10 yrs old child from her ex-partner and she is currently having properties in installment payment for her child.
Now she is planning to tie her knot to her new partner, will the spouse have the right to the properties taken prior marriage?
CAn my sister inherit her properties to her first child? The first child will have the right?
Any property your sister acquired before marriage (including those still being paid in installments) is considered her exclusive property. Even if she marries her new partner, those properties remain hers alone. The new spouse has no ownership rights over them, unless your sister voluntarily donates or transfers a share. Your sister’s first child cannot be excluded from inheritance. Upon your sister’s death, her estate (including those properties she acquired before marriage) will be divided among her heirs. If she has children with her new spouse, the first child will still inherit, but the share will depend on the number of heirs.
Hi,my father has passed. title is under his name. they have built a house with our mother. now, our mother has married a foreigner. in an event that our mother will pass. will the foreigner have any rights to the land and house? thank you.
The estate of your father should have been settled among heirs including your mother as surviving spouse and children (legitimate or illegitimate, if any) Your mother does not automatically own the entire property, she only inherits her share from the estate of your father. If your mother remarries to the foreigner, Under the law, the foreign husband has no rights over the property that belonged to your father’s estate, except to the extent of your mother’s inherited property.
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.
I have a friend she acquired the house and lot , after 7 yrs she got married but she forget to signed his husband the pre nup, after a month they call its quits there marriage. My question is the house and lot she acquired before the marriage is considered conjugal? Since irje name of the property the name of my friend.
Under the Family Code of the Philippines, any property acquired before marriage is considered the exclusive property of the spouse who acquired it. Even if no prenuptial agreement was signed, the house and lot your friend bought 7 years before marriage remains her exclusive property. The fact that the title is in her name further supports that it is hers alone. If no prenuptial agreement was executed, the default property regime is absolute community of property which only covers properties acquired during the marriage.
Good evening! My mom is planning to sell the house while I am studying and I am not comfortable with her decision. I have also declined her request but she still insisted she would sell her house with or without our permission. What can I do to protect my rights as a daughter and a resident living under the house we’re fighting over?
If the house is solely owned by your mother, she has the legal right to sell it, even without your consent. As a daughter and resident, you don’t automatically have ownership unless the property is co-owned or inherited. What you can do right now is trying to negotiate with your mother.
Do we need to include in my husband’s estate or landholdings, land that I inherited from my parents 19 years after my husband died?
Your husband passed away first. His estate is settled based on the properties and rights he owned at the time of his death. the land you inherited from you parents 19 years later is your exclusive property. It never formed part of your husband’s estate because he was no longer alive when you acquired it.
I wpuld like to ask if income from a dividend being a stockholder can be an exclusive property.. and in case of death with children the husband remarries, can the new wife get a share of the comjugal property earned by the hisband fr a previous mariage?
It can only be determined when you acquired the stock during or before the marriage. If the character of the share is exclusive, then dividends are exclusive, and if the share is conjugal, so as the dividends. When the spouse dies, the conjugal or community property dissolve. This when succession rules apply. The surviving spouse and the heirs divide the deceased. If the husband remarries, the new wife cannot clam ay share from the first marriage, because the estate has already been settled among the surviving spouse and the children.
My mom and dad got married 1978. they had one child. they also had some properties both under their name. Mom passed away in 1991. my dad marries again around 1999, they had 2 children(now both in their 20’s with no jobs and family). they have been living together with their children ever since, while I was left on alone on another house(financially provided). dad were able to sell 5 properties during their marriage around 90% of the proceeds were used by them one of which is for construction of house and apartments on my stepmoms inherited lot during their marriage(another vacant lot inherited by my stepmom had a tenant late last year 2022). I was able to sell 1 lot all proceeds were used by me. at the start of their marriage one property is earning rentals (up to now) all proceeds are used by them. i have never had any financial support from my dad since 2004( im 26 years old during that time and freshly graduated). About 5 years ago, i was able to find a tenant for the other properties and we have been sharing the proceeds (except for the first rented property). Now, my dad died march of this year. I just want to know what should i inherit from the properties left by my dad? Do i share the properties with my step mom and 2 step brothers? (my dad and my stepmom wasnt able to purchase any property during their marriage)
Your situation cannot be answering definite answer, this requires thorough legal discussion with a lawyer what properties involved during your mother and father marriage and your father acquisition of property during his second marriage. It is best to seek a lawyer to address your situation.
My husband and I have been married for 10 years. He was having numerous affairs while we are still together until the time comes that i learned about him having a child with his mistress thts the time i decided to live separately from him considering my emotional and mental health. Ever since the separation he has never given any support for my kids and me. Now our annulment is ongoing and i cant afford a lawyer to fight for my rights when it comes to properties. I dont know what to do. I mean can i get all the spousal support he was supposed to give meever since the separation now tht he can afford it? Thank you
Generally, courts award support from the time a case is filed not retroactively for all the years of non-support. That means you may not be able to claim all the support he failed to give since your separation, but you can demand ongoing support while annulment. But take note this depends on court discretion.
What is the division of inheritance if all of the property left by my grandfather was acquired during the first marriage by which he had 3 children including my mother. His second marriage was on the year 1967. He had 4 children on the second marriage and 1 illegitimate child. He died without a will last 2009. Thank you.
This cannot be determined what the exact division of share compulsory received. It has to be properly determined, what properties involved, who are the heirs and what are their legal status, and also taxes are involved that needs to be pay. This is quite complex and requires lawyer’s in-depth legal knowledge.
My cousin was married in 1993, they have 2 children, now both of legal age. In 1995, my cousin was donated a parcel of land. My cousin passed away, who shall inherit the parcel of land? Thank you for the reply.
If the property donated legally following the procedure set by the law, then the heirs of the owner (chich your cousin) of the estate has the right to inherit. However, if the property donated does not follow the proper transfer of property, the other may have claim over it, this is the problem. Make sure he secure a land title stating your cousin’s ownership over the land.
Sale of an inherited property during marriage.is it a conjugal property? What i understand is the property that was inherited after marriage is not a conjugal properry, but what if is sold?marriage is 1998
Under the law, inherited property is treated as exclusive property. If sale proceed, it remains exclusive property, as long as it is identifiable and not mixed with conjugal funds. If the proceeds are deposited into a joint account or used to acquire property together with conjugal funds, then the new property or investment may be considered conjugal.
How about properties under common-law/cohabitation? What happens when they separate?
Property acquired common law relationship does not automatically treated as conjugal property. Instead, they are governed by rules of co-ownership, meaning each partner owns whatever portion they can prove they contributed. When separated, each keeps their share, and there is no automatic spousal right like in legal marriages.
My uncle and my auntie bought a parcel of land during they are both single and the property is in the name of my uncle even my auntie contributed also a money for this. On 1995, my uncle was married to Ms. M. On 2012, my uncle was died and on 2019, Ms. M. was also died. No child involve during their marriage. Is the property belongs to my auntie 100% or 50 % only and the other 50% belong to family of Ms. M.?
The land was bought while both your uncle and aunt were single, but the title was placed solely in your uncle’s name. Legally, this means the property is considered owned by your uncle, even if your aunt contributed money. Unless there was a formal co-ownership agreement or annotation, her contribution does not automatically give her ownership rights. Since the property was acquired before marriage, it is classified as your uncle’s exclusive property. But this has to be proven when that marriage happened and what property regime it will be classified if it will be absolute community or conjugal (note that this two are different). to determine who are the heirs over the property that depends on this and the number of heirs involved. Visit a lawyer that will help you determine.
Please enlighten me, we were married in 1992 and got our nullity of marriage in 2011, however we obtained a housing loan in 2010 and i am solely paying for that loan until now, is it still be considered Conjugal property? It seems that according to the decision of our nullity of marriage, it is VOID from the very beginning so my interpretation is that there was no marriage. Thank you for your answer.
Under the law, when the courts declared the marriage void, the law treats it as if no marriage ever existed. That means the property regime is also considered never to have existed. In effect, each party whatever property they acquired with their own funds. In relation your housing loan, your ex-spouse has no claim on the property.
Hi. Can i sell a property which i bought while i am still single (still not yet fully paid/monthly amortization comes from my salary/title is under my name) without my wife’s consent/signature? We did not have prenuptial agreement. Hoping for your assistance. Thanks. 🙂
That’s varies on when your marriage happened. Under the law, it needs first to determine if the property is under absolute community of property, where marriage celebrated after August 3, 1988. this means that all properties own by either spouse at the time of marriage, and those acquired thereafter, become part of the community property. On the other hand, the Conjugal Partnership of gains, where marriage is celebrated Before August 3, 1988. Where only properties acquired during the marriage through joint effort or income become conjugal.
Is an extrajudicial settlement required?
I want to buy a portion of a titled lot which is in the name of the person selling it, who was married before 1988 and inherited the land while married.
I see that you have answered similar questions a few times, but I’d like to ask again because my CPA and real estate agent are insisting that an extrajudicial settlement waiver is required from his children because his wife is deceased.
If the land was inherited from the seller’s parent, then it will be considered as exclusive property, provided that it is validly transferred. Regardless, if the property was inherited during their marriage, it does not become a conjugal property. If the seller is still alive and you want to buy the land, extrajudicial settlement is no longer required. This only applies when the owner of the land is deceased.
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.
Hi inherited properties from my parents which all came from their hard work.. i am married but we are no longer together but are not legally separated. Now that im selling my property my ex’s signature is being required… how am i going to sell it without her being required… thanks
Inherited property is an exclusive property, meaning it does not become conjugal even if you receive it during the married. The title annotation “married to” is only descriptive of your civil status at the time the title was issued. it does not mean your spouse owns the property. If your spouse signature is required, you may argue and execute an affidavit that the property is exclusively yours and it was inherited. With this, seek first a lawyer and explain the situation, present evidence and documents that prove that it was infect an inherited property so that a lawyer will help you draft an affidavit of exclusive ownership.
I am already separated with my husband. I applied for a house loan in the bank for house renovation and to build 2nd floor, but the bank wants me to make my ex husband sign an SPA which he refuses to do. What do i do? the house is my inheritance from my mother and is under my maiden name
The house you inherited from your mother is considered exclusive not conjugal. Some banks often see married status and assume the spouse rights over the property. You may execute an affidavit of exclusive of ownership stating that the property was an inheritance and not conjugal. Make sure to provide supporting documents as proof of exclusive ownership.
Hi. We are planning to buy a property in the Philippines. The seller got married in the Philippines to a Japanese (Fixed marriage) but they divorced. According to the seller, she bought the property when she was still single. As far as we understand the law, she cannot just sell the property without the consent of the husband. Are we correct? What is the best thing for us to do? Thank you.
Hello, the circumstances you provided are quite complex and requires further information regarding the seller’s marital status. This is important to determine if the property is a conjugal or not. We offer legal consultation either online or persona, depending on your preference. The fee is 2,500 pesos per 30 minutes. You may also email us at admin@lawyerphilippines.org. Thank you
No matter what happen, after your marriage what properties he has is already part of you, given the situation that prior to your marriage you as his wife you haven’t signed a prenuptial agreement or completely separated for property which states that you have no right of claims to his properties but if you signed it then he has the right to say with you that you don’t have any part of the property he has, but if you didn’t signed with then what properties he has after your marriage it will be part of conjugal property so if tour marriage ends with annulment then the share will be divided equally of both of you but in legal separation happens then the property will be awarded to the spouse who is innocent and only the court will decide of it who will be awarded.
I and my husband separated already but not legally. I buy property now, my question is he still a part of the property? I want to name it under my name but I carry his family name.Is it ok not to write married in land title?
Hi. If you are going to do that, this may lead to future legal complications. Since you are still legally married, any property you acquire even while separated may be presumed part of the conjugal property. You have to declare your civil status as married on the land title. If you truly wish to revert to your maiden name and change your civil status, the best course of action is to consider filing for annulment.
Hi My wife is from the Philippines and I am from Canada. We got married in May 2017. She had a house built on a lot in the Philippines while living in Canada with me in 2017. I have 3 children . My wife and I have none. my question if my wife passes before me what is my position in regards to the home here. 2nd question If I pass away before her what happens in regards to my shares if any in the property here in the Philippines in regards to my children. I have a will Not sure if my wife does. No pre agreements. Thanks for any advice Laurie
The house and lot she built in the Philippines is considered her exclusive property, since it was acquired with her own funds and not inherited jointly with you. If your wife passes away before you, under the law, you will inherit as her surviving spouse together, your children, if any. If you pass away before her, since the property is hers exclusively, you do not acquire ownership rights in it during your lifetime. If your children are not her legally unless legally adopted. They do not inherit any share from your wife’s property.
Since there is no Prenuptial Agreement under the coinhabitant situation, can you still have a legally valid Complete Separation of Properties Agreement?
Yes, through a court?approved separation of property, each spouse’s assets become exclusive.
can you contest a conjugal property where one spouse did not make any financial contribution to the construction of the property? when the sid property needs to be sold.
Even if one spouse did not contribute money to the construction or purchase, the property is still considered conjugal if acquired during the marriage. The law presumes equal ownership. You cannot contest conjugal ownership simply on the basis that one spouse did not contribute financially. The only way to exclude a spouse is to prove the property is exclusive property.
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.
I am separated from my husband for 15 years and no communication at all. Planning to buy a property. Since my status is married, what documents should I present when buying a house so that agent will not fake the signature on the documents?
In your situation, since you are still legally married, the default property regime under the Family Code of the Philippines applies usually absolute community of property if you married after August 3, 1988. That means any property acquired during the marriage is presumed to be community property, unless proven otherwise like inheritance or donation. If you buy property now, technically your husband’s consent is required for the transaction to be valid under the law. If you sign alone, the sale could later be questioned as voidable because the other spouse did not consent. It is wise to consult a lawyer that will help you navigate your situation.
Hello, My parents have a house and lot (conjugal property) but my father died 10 years ago. Do I have the rights to the property?
Yes, as your parent’s child you have the right over the property.
Good day! Is property with tct that lists owner’s name as “juan dela cruz married to juana dela cruz” conjugal or exclusive. My brother got married in dec 1998. During the marriage, he inherited the property fr an unmarried uncle via extra judicial settlement wherein he is sole heir (wife excluded). I read some articles that say this is his exclusive property or paraphernal and that he can sell without marital consent. Tama po ba pagkaintindi ko? The couple is now estranged. Salamat po sa legal advice.
The property he inherited is considered exclusive and not conjugal, even if the title was acquired during their marriage. The title annotation “married to…” is only descriptive of civil status at the time the title was issued. it does not make the property conjugal or give the spouse ownership rights. You can sell the property without the signature of your husband, provided that you should prepare an Affidavit of Exclusive ownership stating the property was inherited and not conjugal.
HI Atty – My dad passed away this year. He and my mom were married before 1988, and there are 3 children. To settle the estate, 1) Will estate taxes be paid only on half of the property (since my mom owns the other half of the conjugal property)? 2) Will my dad’s half of the estate be divided equally among my mom and the 3 children via EJS (assuming no one waives their rights)? 3) And if there is a waiver involved, are there additional taxes that need to be paid to cover the transfer of the waived portion to the remaining heirs? Thank you very much.
If they fall under conjugal partnership of gains. When your father passed away, only his half of the conjugal property is included in the estate. Your mother’s half is automatically hers and not subject to estate tax. As for the division of your father’s asset, it is divided amongst the heirs including your mother as surviving spouse and 3 children.
Hello! Can a surviving husband claim inheritance from the separate property of his wife declared by the court from a verified petition for the complete separation of property?
If a court has already granted a verified petition for complete separation of property between spouses, then each spouse’s assets are treated as exclusive property. That means the husband has no ownership rights over the wife’s separate property during her lifetime.
I’ve inherited a portion of land from my parents. After extra judicial partitions and estate tax payments made by my mother since my father passed away the designated portion of land title were named to me and to my husband. We are married by the way.. However, due to some health issues my husband passed away last year on August 2021. Does my inheritance still falls under conjugal category? With a little savings left prior to his demise and also had no property of his own , is there any dissolution be made after this ? Or the property will remain my inheritance from my parents? Appreciate much if you can give me an idea, I have 3 minors as my heir … thank you in advance.
Your inheritance from your parents remains your exclusive property and does not fall under conjugal property, even if the title includes your husband’s name. Upon his death, his share must be settled through estate proceedings, but your inherited portion remains yours.
Hi? Can a child who is not the biological child of a married couple but was registered as their child on his birth certificate without legal adoption be considered as heir of the couple upon demise of any of the couple?can he legally inherit the property of his registered parents?
Under the rule of heirship, a child legally adopted is treated as a legitimate child and inherits from the adoptive parents. If the child is registered as the couple’s child on the birth certificate but there was no legal adoption, the child cannot inherit as a compulsory child.
Hi,
My mother passed away in 1992, was previously married but there was a court approved dissolution of dissolution of the conjugal partnership. She was able to buy a land after this dissolution, is her ex-husband still an heir to this land she bought? There’s a stipulation in the decree that none of them can make further claims.
Thanks,
JP
Since there was a court approval dissolution of the conjugal partnership before your mother bought the land, her ex-husband ceased to have any rights over her future acquisition. The property bought is considered exclusive 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.
Hello po…Am so confused, my late husband and I got married year 2002 , He passed aways year 2009 ,it was year 2014 when His parents gave his inherited property.. Were this properties considered conjugal? We have 2 kids and am sp confused because when they( siblings of my late husband) sell a lot ,they require me to sign but to my shock- i am only a representayive of my kids not married to( my latr husband) every deed of sale documents..can u enliglighten mg mind? Yhank you
Inherited property is an exclusive property, regardless of if this acquired during the marriage. Since he died before he inherited the property, it will go directly to his heirs, his children and you as his surviving spouse.
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.
I got married to a foreigner and within our marriage we bought lots and build houses. Now that we are getting annuled, how will be the division of our conjugal property in the Phil’s
The division of the assets will depend on the agreement. However, if the assets are real properties, foreigners cannot own land in the Philippines and the agreement cannot be enforced fully until the land is sold. So basically, all land properties must be sold and liquidated para yung pinagbentahan, yun ang paghahatian. The agreement you made, if its signed and made in other country is not automatically enforceable in the Philippines. it must undergo processes with the BIR and maybe with the court to evaluate it’s validity before it can be used and enforced. It depends on the agreement kung magagamit mo ba sya as protection. It’s best that you show this to a Philippine lawyer. Or better, consult one.
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.
I inherited a piece of land, i have 2 children, can i sell it without my husband’s signature? I am from philippines
Yes, since the inherited property is considered as exclusive property. It is advisable also to prepare an Affidavit of Exclusive of Ownership to ensure that the property is not conjugal but exclusive. with this, you may seek a lawyer that will help you draft.
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
Help me please!
My father passed away, and his legal wife pass away too , and left conjugal property since we are illegitimate children , what happened to the property? What percentage should we get,.only legitimate and illegitimate are their surviving heirs please help me the computations.please enlighten me.
I have answered your concern in the comment.
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.. My husband has a daughter before we got married, that means he has an illegitimate child.. and we acquired properties after we got married(conjugal property). Is the illegitimate child can inherit our conjugal property?
Under Philippine law, illegitimate children are still compulsory heirs. This mean they canno excluded from inheritance. However, their share is usually half of what a legitimate child would receive. When your husband and you have a conjugal property, only his share becomes part of his estate and half of it is yours. If for example he died, the illegitimate child may acquire the a share from your husband estate including you and your children and your estate automatically retain, ibig sabihin, hindi gagalawin yung part mo ng estate.
Yes, but only half of what legitimate child recieve.
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.
We are 4 siblings in the family. My sister passed away in 2006 and left 2 children out of wedlock. My father passed away in 2009, settled the estate tax, however, the names of the heir on the CAR excluded the names of my 2 nephew whose mom passed away. In 2019 my mother passed away. There was no will. Should we file a new extrajudicial settlement to included my 2 nephew on behalf of my deceased sister.
The property have 5 title deeds. When my parents were still alive, our youngest sister (now married) build their house on the first plot encroaching to the next plot. Must we have the land resurvey first in order to know exactly what is the share of all the heirs since there were already 3 building structure encroaching the subsequent plots. Or can we do this after we have settle the estate tax.
Since your sister died before your father, her children are entitled to inherit by right of representation. Even if they were born out of wedlock, they are still considered compulsory heirs under the law. Now you are executing your mother estate, it is wise to include your sister’s children since they are entitled to inherit by right of representation. This also ensure their rights are recognized and prevents future disputes.
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 can i ask? i have a property it was my name on the title and but my status state there that i am married but my wife is dead and we have 2 daughters both on legal age can i still sell the property without the consent of my daughters ?
Since you were married when the property was acquired, the law presumes it is conjugal or community (whichever applicable when the marriage celebrated). The effect on this when your wife died, the conjugal or absolute was dissolved. the other half will belong to you, and the other belongs t your deceased wife. The assets of your deceased wife will be divided amongst the heirs which is you and your children. Now, if your want to sell the whole property, you will need the consent of the other heirs.
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.
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.
Hello I am seeking legal advice, it’s all about inheritance,
My father has left land and it is Conjugal property, then his wife also passes away.
Now my question, since we’re illegitimate children. How much is the equivalent % we inherited from my father’s inheritance? If he and his wife passed away.thank you.please enlighten me
Since the property owned is conjugal, this this means that half belong to the husband and the other half to the wife. When your father dies, 50% of the estate will be divided among the compulsory heirs, this includes the surviving spouse and children) legitimate or illegitimate) In your case, the right of illegitimate child over the share is only half of what a legitimate child receives. Assuming, the property values 10M, half of that is 5M share of your father and the other is his wife. That 5M will be share with his wife a surviving spouse and their children including you. If the wife passed away, only her compulsory heir will only acquire the inheritance. You, as illegitimate child of your father does not inherit from her estate.
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.
Hi. I’d like to ask if there are other ways for me to buy a property that will solely be owned only by me even during marriage. I am married since 2013 but we parted ways since 2017. I am now getting back to stable finances and plan on buying my own property. We haven’t tried annulment nor legal separation since we both have difficulties on its grounds. I just want to know if in this case, can I have a property that will solely be owned by me and if it will not fall into a conjugal property? You see, it is unfair for me since I will be paying with my hard earned money and if it will fall into a conjugal property, my husband will have a share on my property which only I had bought. Thanks and hoping for your feedback.
Buying property with your own salary while still legally married will still be presumed conjugal. titling it under your maiden name does not exempt it. The only property you can considered exclusive is through inheritance or donation. The best way is to file for judicial separation of property, but if you want legally no have no bond with him annulment is the best option.
Same question po. My partner was separated from her wife for 10 years and We’re living for 7 years but they not annulled or legally separated.Now we’re planning to get a real estate property and he will buy it for his own earnings. Will the wife still had a right for that property ? Is it still be considered as conjugal?
Even if your partner and his wife have been separated for 10 years, without annulment or legal separation, the marriage is still valid in law. That means any property acquired during the marriage (like the real estate you plan to buy) is presumed conjugal/community property. The wife, as the legal spouse, would have rights over it. This can cause legal concern in the future.
I have the same inquiry but not about inheritance,. It is about a property (vehicle), that I want to purchase. Looking to contest this rights..Tia
The law still applies on conjugal or absolute community. But in this case, you can just talk it over properly and come to an agreement.
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, my parents has a congugal property, but my mom died then after 5 years my dad marry her girlfriend. What will happen to the congugal property? Thanks
If your father marries again, his second wife has no rights over the conjugal property that belonged to the first marriage. Any property acquired during the first marriage belong to the estate of the deceased husband and his heirs.
Hi…need help for my current situation…I am married for 30 yrs with 3 kids (who are now all in their legal ages), but separated for 18 yrs now (no annulment or legal separation). He’s living with his mistress now, and I’m living on my own, I acquired a real estate property in 2020, titled, using my maiden surname, Did I get icorrectly what i’ve read on your post that it is excempted to be a conjugal property? if it is not, what shall i do to to ensure that he wont get any of the properties i acquired on my own. Your kind reply will be highly appreciated. Thank you in advance.
Married for 30 years may fall under absolute community of property, which means that all property acquired during the marriage is presumed community property. Even if the title is under your maiden name it is still a community property where your husband still has claims over it in the future, despite being separated for so long. In the property you purchase, for now, it will be presumed legal and valid, unless your husband questioned it in the future. In order to prevent this, you may file a petition for judicial separation of property, or annulment to dissolve your marriage legally and allows your asset to be liquidated accordingly. So it is advisable o consult a lawyer to guide you what applicable to you.
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.
If i execute a deed of sale for a parcel of land to my sister, will it be a conjugal property. She is married to her husband but is not living together for more than 5yrs. They are verbally separated since they leave separately.
Or it will be better to execute a deed of donation just to make it her own the land solely?
Thanks for answering.
If you execute a deed of sale, the property will be still considered absolute or conjugal (whichever applies) since it acquired during her marriage. So, her husband would have rights over it, even if they are separated. If you execute a deed of donation, property may considered exclusive property. That means if you donate the land to your sister, it will be her exclusive property, not conjugal.
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.
I been married since 2003 with seaman but where sepated what financial i have from him?
Under the law, your husband is legally obliged to provide support to you and your children (if any). Even if you live apart, the obligation to support continues until the marriage is legally dissolved. You can demand financial support by filing a petition in court or have it done via barangay mediation process.
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/
My father already died and the land he inherit to his parents was already sold..is this a conjugal property? And may i ssk if we have a share on this sold poperty even if our mother is still alive..i have 3 siblings..can we have a share on the amount the properties payment?
When your father inherited land from his parents, that land was his exclusive property. It did not become conjugal property with your mother, even if the inheritance happened during marriage. If your father sold the inherited land during his lifetime, the proceeds (money from the sale) also remained his exclusive property. He could dispose of it as he wished while alive.
My parents have a conjugal property but before my father died they have been separated already but was not filed legally, We’ve made the property as a rental business and my mother refused to gave us our part because she thinks shes the only one owned the property. Is that true? Even if my mother has another boyfriend already even before my father died. We are 3 siblings in the family, we want to know what is our share in the conjugal property please help me
Even if your parents were separated in fact living apart, without a legal separation or annulment filed in court, the conjugal remains in effect. When your father died, the conjugal property was divided into 50/50. The 50% share of your mother remains to her, but the e50% of your father estate share with your mother, you and your sibling. Your mother does not own the whole thing. Her personal relationship status does not change her legal share. So, you can claim your rights over your father’s estate.
My uncle was married and died without a child and he had 4 siblings, who has the right to claim his inherited property from my Lolo? He inherit the properly he was married but the Tittle of the property was not yet tranferred to his name and it is still my Lolos name.
This situation is very complex. The fact that the title is still under the name of his Father, that means that the inheritance was not complete. Legally, the property is still part of Lolo’s estate. It requires to determine first the heirs of your uncle’s father (lolo). thereafter, when the property is legally shared to the lolo’s heirs, the uncle’s heirs will now inherit his portion and that is his wife as surviving spouse and sibling as collateral heirs.
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.
Hi I just want to ask my mom just died this September and I am one of her beneficiary but I have a stepfather who isn’t my biological father and he is married with my mom so in my mom’s place since I am her only child do I get half amount of the properties they own conjugal since I am my mom’s daughter when she’s still a maiden and I didn’t bring the last name of my stepdad and I am now an orphan and also minor? I really need to get the share I deserve we should split everything in half it maybe money or thing..
If your mother and stepfather has a property (conjugal property). The division split 50% belong to your stepfather, and the other 50 is to your mother. Now, that 50% assets of your father are dividing with you and her husband, your stepdad. You don’t have to worry, you are your mother’s daughter, and you have the rights over her assets.
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.
Conjugal property po ba kung minana ng tatay ko ung lupa niya..at may karapatan po ba kaming magkakapatid sa pinagbentahan ng lupa kung namatay na po ang tatay namin..pano po ang hatian..sana po masagot nyo ang katanungan ko..salamat po..
ang minana ng tatay mo na lupa ay matatawag na exlusive property at hindi conjugal. Kung sakali man na namatay yung tatay mo, may karapatan kayo na mga anak at ang asawa ng tatay mo (kung buhay pa). Bago mahati ang lupa kailangan muna mag execute lahat ng tagapag mana ng Extrajudicial settlement, ito kasunduan na lahat ng mga heirs ay pabor na paghahatian fairly and equally ang lupa. Pagkatapos nito, kailangan muna na punta sa BIr para bayaran ang estate tax bago pumunta sa registry of deeds para ma transfer and lupa.
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 parents married on june 6 1976, and got seperated in 1978 but they don’t go to court, there is no legal seperation or annlument. in 1986 to 1993 my father aquired a property while they are seperated, in 1993 my mother died.what is the right of thier two children to that property.
Their right as compulsory heirs towards the estate of their parents cannot be over right.
Hello. Good day.
May I respectfully ask your advice regarding a situation wherein a surviving spouse, example a husband wanted to sell their Conjugal land property, do all children of Legal age need their consent or sign in the documents such as deed of sale? This happened to our cousin, she was not Informed by his father To sign the documents when their father sell the house and lot. Their mother is deceased. I would appreciate your reply.
Thank you. GOD BLESS
If a husband and wife owned a property, then the wife passed away and the husband later wanted to sell the property. This cannot be done automatically. Th husband can freely sell his own half. But to sell the entire property, he needs the consent and signature of all the children, because they co-own the other half of their mother.
What happen to the property of the decease spouse(husband) which was accumulate from the first marriage. Does the second marriage (wife) has the right on the property.
Any property acquired during the first marriage belongs to the estate of the deceased husband and his heirs from the first marriage, The second wife has no rights over the property that was already settled or belonged to the first marriage.
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.