Query: Do spouses have the right to mortgage inherited land?

In the Philippines, the issue of whether a spouse can mortgage inherited land is governed by various laws, particularly the Family Code of the Philippines and the Civil Code of the Philippines.

Under Article 91 of the Family Code, which deals with the administration and enjoyment of the conjugal partnership property, inherited property by either spouse during the marriage is considered as separate property, unless it is expressly provided otherwise by the donor or testator. This means that if one spouse inherits land, it generally belongs solely to that spouse and does not form part of the conjugal partnership property.

However, the spouse who inherited the land must exercise prudence in dealing with it. While the law does not prohibit the owner from mortgaging or encumbering the inherited land, such actions may have implications on the conjugal partnership. If the proceeds of the loan are used for the benefit of the family or to improve the conjugal dwelling, it may be considered as a valid use of the separate property for the benefit of the conjugal partnership.

Moreover, the consent of the other spouse may be required depending on the circumstances. Article 124 of the Family Code states that the administration and enjoyment of the conjugal partnership property shall belong to both spouses jointly. Thus, if the mortgaging of the inherited land affects the conjugal partnership or if the loan is secured using conjugal assets, the consent of both spouses may be necessary.

It's important to note that the specifics of each case may vary, and consulting with a legal expert is advisable to fully understand the rights and obligations of spouses regarding inherited land. Additionally, seeking legal advice can help ensure that any actions taken regarding the inherited property are in accordance with Philippine laws and regulations.