Dear Attorney,

I need clarification regarding a Transfer Certificate of Title (TCT). It has the name of the wife, described as married to her deceased husband. Is this property considered part of the estate of the deceased husband? I would appreciate your guidance on this matter.

Sincerely,
A concerned spouse

Insights

In Philippine law, properties acquired during the marriage are typically considered conjugal property under the Family Code, unless otherwise stipulated by a pre-marriage agreement (i.e., through a prenuptial contract). Conjugal properties are owned jointly by both spouses, meaning that each spouse has an equal share. Upon the death of one spouse, their share of the conjugal property becomes part of their estate and is subject to the rules of succession.

In your case, the fact that the Transfer Certificate of Title (TCT) is under the name of the wife, even with a description of being married to the deceased husband, does not automatically exclude the property from the deceased husband's estate. The legal presumption in the absence of other agreements is that the property, if acquired during the marriage, forms part of the conjugal partnership. As such, the husband's share in the property would be inherited by his heirs under the laws of intestate or testamentary succession.

To confirm whether the property is part of the deceased husband's estate, you would need to determine whether it was acquired before or during the marriage, and if there were any agreements that affect property relations between spouses (like a prenuptial agreement). If it was acquired during the marriage and no special property regime was agreed upon, the property will generally be part of the estate subject to settlement and distribution among the lawful heirs.

For a thorough understanding of your legal standing, consult with an attorney who specializes in family law and estate planning to review the specific details of your case and the property's acquisition. This will ensure a proper evaluation of whether the property in question is part of the estate.