Dear Attorney,

I inherited a lot from my parents, and I would like to know if it forms part of the conjugal property with my spouse. Could you please advise me regarding its legal treatment under Philippine law?

Sincerely,
An Heir Seeking Guidance

Insights

Under Philippine law, the Family Code governs the property relations between spouses, which include the provisions on what constitutes conjugal or community property in a marriage. One important concept is the distinction between property acquired before and during the marriage, as well as property received through gratuitous title, such as inheritance.

According to Article 92 of the Family Code, property acquired by either spouse during the marriage by gratuitous title, such as through inheritance or donation, is generally considered as exclusive property. This means that if a spouse inherits a piece of land from their parents, it does not automatically become part of the conjugal or community property unless both spouses expressly agree to include it.

However, income derived from the property, such as rental income, will be considered part of the conjugal or community property and will benefit both spouses equally. It is crucial to note that if the inherited property is sold or exchanged for other assets, the proceeds of the sale or the new property purchased will remain exclusive to the inheriting spouse unless otherwise agreed.

This distinction is essential for safeguarding the interests of both spouses, especially in cases of dissolution of marriage or death, where the division of assets becomes relevant. It is advisable for spouses to keep clear records of their exclusive properties to avoid future disputes.

In summary, an inheritance received by a spouse is typically excluded from conjugal or community property unless specific agreements or circumstances change its classification.