Concern:
We have a family home. My father has passed away. If our mother decides to sell the house, do we, the children, have a share? There are only two of us siblings, and I am the eldest.

∇ Legal Contemplator

Initial Thoughts:
Alright, let’s unpack this. The concern revolves around the sale of a property owned by a deceased father, with questions about whether the children are entitled to a share. This involves a mix of inheritance law, property law, and family law. We need to take into account several factors:

The nature of the property—was it exclusively owned by the father, conjugal property with the mother, or a different arrangement?
Philippine laws on inheritance, especially the Family Code and Civil Code.
The rights of the heirs (children and the surviving spouse) in the division of property.
The practical implications of a sale initiated by the surviving spouse.

Let’s build step by step.

Step 1: Ownership Structure of the Property
The first question is: what was the ownership structure of the property? This matters because the father’s death changes how ownership is distributed.

If the house was:

Conjugal property: This means the property was acquired during the marriage and is presumed to be co-owned by both spouses. Upon the father’s death, half automatically belongs to the mother as her conjugal share, and the remaining half becomes part of the estate to be divided among the heirs.
Exclusive property of the father: If the property was acquired before the marriage or inherited by the father, it is his exclusive property. In this case, the entire property becomes part of his estate.

Here’s the problem: the concern doesn’t specify the nature of the property. This ambiguity makes me wonder—should we focus on conjugal property as the default assumption? Most family homes in the Philippines fall under this category unless proven otherwise. For now, I’ll assume it’s conjugal property but will revisit this assumption later.

Step 2: Identifying the Heirs
Under Philippine law, heirs are divided into compulsory heirs and voluntary heirs. In this scenario, the compulsory heirs are:

The surviving spouse (the mother).
The legitimate children (the two siblings).

The estate must be divided according to the rules of succession. No one can be disinherited without lawful cause, and compulsory heirs are guaranteed a share.

Step 3: Division of the Estate
Let’s think about how the estate is divided. Here’s where the Civil Code and the Family Code come into play:

The mother’s conjugal share is separate from the estate. If it’s conjugal property, she automatically owns half.
The father’s share of the property forms the estate, which is divided equally among the heirs.

So, if it’s conjugal property:

The mother owns 50% outright (her share).
The remaining 50% is divided between the mother and the two children.

If it’s exclusive property:

The entire property forms the estate.
The estate is divided equally among the mother and the two children.

But how do these numbers translate into actual ownership percentages? Let’s explore:

Conjugal property:
- Mother: 50% (conjugal share) + 1/3 of the estate (16.67%) = 66.67%
- Each child: 1/3 of the estate (16.67%)
Exclusive property:
- Mother: 1/3
- Each child: 1/3

The children are entitled to their respective shares. But is this absolute? What about the mother’s authority to sell?

Step 4: Can the Mother Sell the Property Without the Children’s Consent?
This brings us to the crux of the concern: the mother’s ability to sell the property. Here’s what I know:

If the mother owns the property outright (e.g., her conjugal share plus her portion of the estate), she can sell her share without anyone’s consent.
However, if the property is still co-owned with the children (as the estate has not been fully divided), she cannot sell the entire property without the consent of the other co-owners.

Let’s revisit this with different scenarios:

If the estate has been settled: If the property has been formally divided (through extrajudicial settlement or court proceedings), each heir owns their respective share. The mother can sell her share, but not the children’s.
If the estate has NOT been settled: The property remains undivided, and the heirs are co-owners. The mother cannot unilaterally sell the property unless all co-owners agree.

This makes me wonder—has the estate been settled? The concern doesn’t say, but it seems unlikely given the question about the children’s shares. Unsettled estates are common, so I’ll assume this is the case.

Step 5: Rights of the Children as Co-Heirs
As co-heirs, the children have legal rights over the property. These include:

The right to inherit their share of the estate.
The right to be consulted and give consent for any sale of the property.

This raises another question: what if the mother sells the property without the children’s consent? The sale would likely be void concerning the children’s shares. The buyer would acquire only the mother’s share, leading to potential disputes.

Step 6: Practical Implications and Next Steps
If the mother wants to sell the property, the following steps are necessary:

Settle the estate: This involves dividing the property formally among the heirs. An extrajudicial settlement can be done if all heirs agree, or court proceedings may be needed.
Secure consent: The children must consent to the sale, either by signing a deed of sale or through a formal agreement.

The children can also assert their rights if they disagree with the sale. This could involve negotiating with the mother, seeking legal advice, or even filing a case to protect their inheritance.

Backtracking and Questions:
Let me pause and question everything I’ve assumed:

Is the property truly conjugal? If not, the division changes significantly.
Has the estate been settled? This affects ownership and the mother’s authority to sell.
Are there debts or obligations tied to the property? These could impact the estate’s distribution.

Should I reframe my analysis based on these uncertainties? I don’t think so—the current reasoning seems sound for the information provided. But I can’t ignore the possibility of missing details.

Final Answer:
Yes, as children, you have a share in the property. If the house is conjugal property, the estate includes your father’s 50% share, which will be divided equally among the mother and the two children. This means you and your sibling are entitled to a portion of the property.

Your mother cannot sell the entire property without your consent unless the estate has been settled and ownership has been formally divided. To protect your rights, consider consulting a lawyer to ensure proper division and to address the sale appropriately.