Property Inherited: Is It An Exclusive Property?



Yesterday, a walk-in client, a widower, sought a legal advice about the property he inherited from his parents. He would like to sell said property for his personal consumption. However, his children objected the idea saying that said property is a part of the absolute community property of their parents. 

It is true that said property was inherited by the widower after he got married to his wife.

According to the Family Code of the Philippines, the community property shall consist of ALL the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter (Article 91).

Further, the Family Code provides what are EXCLUDED from the community property. These are the EXCLUSIVE PROPERTY of either spouse.  These are:

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.

Gratuitous title in the sense that the recipient spouse gives nothing upon receipt of said property. It only benefits one party, the other party receives nothing in consideration (www.dictionary.reference.com). They include donated and inherited 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 (Article 92).

Thus, all those inherited property of either spouse are excluded in the community property. Unless the testator states otherwise.  It must be expressed that it shall form part of the community property.

In the case of my client, there was no pronouncement that said property shall form part of the community property.  While the same was acquired by my client during the marriage, the law is very clear that said property belongs exclusively to him.

Thus, his children has still no right to claim such property. My client may sell the same even without the consent of his children.

Note: Photo Credit to www.ibuydelawarehomes.com via Google.

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