1. I have a concern regarding my husband’s illegitimate children.
I am aware that under the law, they are entitled to inherit from my husband’s properties. However, I would like to ask if they would be able to get a part of the properties I have inherited from my parents if in case I die and my husband gets the share of said properties?
Are the properties I inherited considered conjugal? Is there a way that these inherited properties be divided only among my legitimate children even without a will? I would greatly appreciate your advice. Mia
Ans:
- I would like to ask if they would be able to get a part of the properties I have inherited from my parents if in any case I die and my husband gets the share of said properties?
Ans: No. The illegitimate children of your husband are not entitled to inherit from you as well as from the properties that you inherited from your parents.
However, in case of your demise, your husband being your compulsory heir together with your children with your husband are entitled to inherit from your estate which includes the properties that you inherited from your parents as the same constitute part of your estate.
And in the event of your husband’s demise, whatever he inherits from you(assuming that you predeceased him) , also constitute part of his estate. Thus, your husband’s illegitimate children and your children with your husband are entitled to inherit from him as his compulsory heirs.
However, under the law, the legitime or inheritance of illegitimate children is only the equivalent of ½ of the share of legitimate children. For example if the share of legitimate children is $1,000.00 each, the illegitimate children will only be entitled to $500.00 each.
- Are the properties inherited considered conjugal?
In my response to similar questions in the previous column, this corner reiterated that under the Family Code, as amended, in the absence of marriage settlement or the so called pre-nuptial agreement,(which must be executed prior to the celebration of marriage), the property relations of the married couple is governed by the System of Absolute Community, as spelled out in Arts .88 and 91 of the Family Code, on the assumption that such marriage took place during the effectivity of the Family Code, as of August 3, 1988.
Otherwise, in the absence of pre-nuptial agreement, and you got married prior to the effectivity of the Family Code, then the property relation with between spouses shall be governed by the provisions of the Civil Code pertaining to conjugal partnership of gains under the Civil Code .
Now, under Art. 148 of the Civil Code, the following shall be considered as exclusive property of each spouse:
“Art. 148. The following shall be the exclusive property of each spouse:
(1) That which is brought to the marriage as his or her own;
(2) That which each acquires, during the marriage, by lucrative title;
(3) That which is acquired by right of redemption or by exchange with other property belonging to only one of the spouses;
(4) That which is purchased with exclusive money of the wife or of the husband. (1396)”
Hence, under the Conjugal Partnership of gains of the Civil Code, it is apparent the property(ies) that you inherited from you parents could be considered as “paraphernal” properties and therefore excluded from the ambit of conjugal ownership.
However, under the absolute Community property regime of the Family Code, more particularly as spelled out in Art. 92 of the Family Code, there is no specific provisions that applies to the properties referred to as “paraphernal” property on the part of the wife and “capital” property on the part of the husband as provided in the Civil Code , excluding the same from the community properties of the spouse .
In view of this silence, a noted authority and commentator in Civil and Family Laws, opines that “ the provisions of Art.145 , first sentence under Chapter 6(0n the regime of separation of property) can apply with respect to the above properties(Art.92). Thus, as stated in Art. 145 of the Code: “Each spouse shall own, dispose of, possess,administer and enjoy his or her own separate estate without the need of consent of the other”. So also, Article 142 shall apply to separate properties of spouses who are under the regime of absolute community of property. Article 142 of this Code states the instances when the administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse.”( See: The Family Code, as annotated by Jose N. Nolledo, 1988 Ed.,Rex BookStore, p.74.).
Article 92 of the Family Code is hereunder reproduced, for ready reference:
“Art. 92. The following shall be excluded from the community property:
(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property;
(2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property;
(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. (201a)”
Note further, that from the afore-quoted provision, it clear that Art. 92 refers to the excluded property acquired “during the marriage” thus implying that the properties acquired “before the marriage “ shall belong to the absolute community unless otherwise stipulated in the marriage settlement or pre-nuptial agreement.
Viewed in this light, this writer submits that the subject properties/money that you have acquired recently as your inheritance from your deceased parents are within the exclusionary ambit of Art. 92 , as inheritance being gratuitous by nature was effected during your marriage (not prior to your marriage) and therefore does not formed part and parcel of either the conjugal partnership or absolute community property regimes under the Civil or Family Codes, respectively.
- Is there a way that these inherited properties be divided only among my legitimate children even without a will?
Ans: YES. During your lifetime, you can either sell or donate the inherited properties to your legitimate children.
If your legitimate children are still minors at present , you may execute a “Deed of Donation mortis cuasa”. This donation will take effect upon your death, just in case. However, the best way to convey ownership of your inherited property is by way of Deed of Absolute Sale in favor of your legitimate children.
Notwithstanding the foregoing, it is strongly recommended that you confer with your lawyer for further professional guidance relative to your queries.
Looking forward you’ll find the above in order. Thank you for being part of the “Batas Pinoy global Community”.
Disclaimer: Batas Pinoy Corner Not Legal opinion:
Material placed on this corner is for the purpose of providing information only. It is not intended as practice of law or legal services. Although the writer believes this information to be accurate at the time it is first provided or as relayed by the person asking or soliciting the information from the writer. Such circumstances or understanding of the facts as conveyed to the writer by the sender may not actually reflect the ultimate facts or circumstances earlier represented and as understood by the writer.
This writer makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information provided in this writing. The content provided by Batas Pinoy Corner is not meant to be a substitute for legal opinion. Always consult your lawyer or other legal professional for legal advice as regards to the information obtained in this column.
* * *
Readers who may have legal concerns affecting their persons, property, rights,title and related interest concerning Philippine laws and jurisdiction, are welcome to e-mail their query either in English or Pilipino in plain, concise and orderly presentation of facts in order to avoid vagueness and misunderstanding of your stories, for appropriate comments to: attyrw@gmail.com .