Dear Attorney,

I am seeking legal advice concerning property documents. My father was married but has been physically separated from his wife for 30 years. He passed away this year. There are unnotarized deeds of sale related to my mother’s property. I would like to know what steps we should take to handle these documents and what rights my mother and I have.

Insights

In the Philippines, property inheritance and succession are governed by the Civil Code and Family Code. This legal framework defines the rights and obligations of heirs, including those in complex family situations like separation and inheritance claims. Below, we discuss key legal concepts relevant to property inheritance in cases involving married individuals, including the significance of notarization and succession laws.

1. Effect of Physical Separation on Property Rights

Under Philippine law, being physically separated from a spouse does not automatically dissolve the marriage or sever the legal obligations between spouses. This includes property relations, which, in the absence of a legal separation or annulment, remain governed by the property regime established during the marriage.

The two most common property regimes in the Philippines are:

Absolute Community of Property (ACP): All properties acquired before and during the marriage are considered community property unless excluded by law. This regime applies to marriages that occurred after the enactment of the Family Code (August 3, 1988) unless a pre-nuptial agreement stipulates otherwise.
Conjugal Partnership of Gains (CPG): For marriages before the Family Code or with a pre-nuptial agreement, this regime applies, meaning only properties acquired during the marriage (excluding inheritances or gifts) form part of the conjugal estate.

Since your father was still legally married, his legally recognized spouse has a claim to properties acquired during the marriage. Even if they were separated physically for decades, without a legal annulment or separation, the property regime between them continues to exist.

2. Rights of the Surviving Spouse and Children

Upon the death of a spouse, Philippine laws on succession apply. The surviving spouse is considered a compulsory heir, along with legitimate and illegitimate children. In this situation, both your mother and the deceased’s legal spouse are entitled to their respective shares in the estate.

Under the Civil Code, the estate is distributed in this order:

Legitimate Children: They inherit 50% of the estate as part of their legitime. This is a compulsory portion, and they are guaranteed to receive this share.
Surviving Spouse: The spouse will inherit a portion of the estate depending on the number of children. If there are no legitimate children, the spouse inherits the entire estate.

In your case, if the legal spouse is still alive, she is entitled to a share of the estate, even if separated physically. The only exception would be if she was legally disinherited under the strict grounds provided in the Civil Code.

3. Unnotarized Deed of Sale and Its Implications

In the Philippines, a deed of sale transfers ownership of real property from one person to another. While notarization is not a strict requirement for the validity of a deed of sale, it serves crucial legal purposes, including:

Making the Document a Public Instrument: A notarized document is recognized as a public instrument and has evidentiary weight in court. It provides assurance of the document’s authenticity and legitimacy.
Ease of Transfer of Title: The Registry of Deeds will generally not allow the transfer of title based on an unnotarized deed of sale. For the sale to be reflected in the public registry, the deed needs to be notarized.

Given that the deed of sale concerning your mother’s property is unnotarized, there may be complications in registering the property under her name. In such cases, the parties may need to ratify the document before a notary public, provided that all other legal requirements for a valid sale are met (e.g., consideration or payment).

4. Steps to Take

To protect your rights and your mother’s rights, you should take the following steps:

Consult a Lawyer: It is highly recommended that you seek legal advice to address the issue of succession and property rights. Your lawyer can help review the documents and ensure that your mother’s rights are upheld.
Rectify the Unnotarized Deed of Sale: If the parties involved in the sale are still available, they may sign the document before a notary public to make it valid for registration. However, if the other party is deceased, more complex legal procedures, such as filing a petition in court, may be required.
File for Extra-Judicial Settlement of Estate: If all heirs (legitimate and illegitimate) are in agreement, they may execute an extra-judicial settlement of the estate to divide the property without going to court. However, if there is a dispute, the matter may need to be settled through judicial proceedings.
Update Titles and Documents: Once the legal issues are settled, it is important to ensure that the title to the property is transferred correctly to reflect the rightful heirs.

5. Conclusion

In conclusion, property inheritance in the Philippines is a complex legal matter, particularly when physical separation, unnotarized documents, and questions of legitimacy arise. It is crucial for you to understand that even without notarization, a deed of sale can be ratified, and the property may still be transferred. However, it’s important to resolve these legal matters, especially when dealing with inheritance and succession laws, to avoid further complications.

Consulting a lawyer specializing in estate law will ensure that all parties’ rights are recognized, and that the transfer of property is conducted lawfully and fairly.