Conjugal Property Rights: Do Parents of a Deceased Spouse Have a Claim?


Simplified Question: May the parents of a deceased spouse claim rights over the conjugal property of the couple if they had no children?

In the context of the Philippines, when a person marries, the couple generally forms a conjugal partnership of gains or an absolute community of property, depending on the marriage regime applicable. These systems govern the ownership of property acquired during the marriage.

Under the Philippine Family Code, upon the death of one spouse, the surviving spouse inherits a portion of the conjugal or community property, while the remainder forms part of the estate of the deceased spouse. The question then arises: who is entitled to inherit this portion of the estate?

If the deceased spouse left no children or descendants, the law provides a specific order of inheritance. The parents of the deceased spouse are considered compulsory heirs. This means that they have a legal right to inherit from their deceased child's estate, which includes the deceased spouse's share of the conjugal or community property.

The surviving spouse, however, does not lose all rights to the conjugal property. According to the law, the surviving spouse is entitled to 50% of the conjugal or community property as their own share. The remaining 50%, which belongs to the deceased spouse, will be divided among the heirs. If there are no descendants, the surviving spouse is entitled to a portion of this remaining 50%, alongside the deceased spouse’s parents.

Therefore, in a situation where the deceased spouse leaves behind no children, the parents of the deceased spouse do have a claim to the conjugal or community property, sharing this claim with the surviving spouse. This claim, however, is limited to the share of the deceased spouse’s estate, not the entirety of the conjugal or community property.

It is crucial to consult with a legal professional to fully understand the implications of these inheritance rights, particularly when dealing with specific family dynamics and existing properties.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.