Rights of Children in the Sale of Conjugal Property After the Death of a Parent

Question:

My father died and left a piece of land. We, his children, do not have a great relationship with our mother, who wants to sell the land. They were married. She has not included us in the process. Do we have any say in this? Do we have rights over the land?

Answer:

Legal Framework:

Conjugal or Community Property: In Philippine law, property acquired during the marriage is generally considered either conjugal or community property, unless otherwise specified.
Rights of Heirs: Upon death, the deceased's share in any conjugal or community property is transmitted to his or her heirs, which includes the surviving spouse and children.

Inheritance Rights:

Surviving Spouse's Share: The surviving spouse (in this case, the mother) has a share in the conjugal property equal to that of each legitimate child.
Legitimate Children's Share: Legitimate children also have an equal share in the deceased parent's portion of the conjugal or community property.
Participation: You and your siblings have a right to participate in decisions concerning the property, including its sale, as you have inherited a portion of it.

Process:

Extra-Judicial Settlement: If all parties are in agreement, an extra-judicial settlement can be made to divide the property.
Judicial Settlement: If there is disagreement, a judicial settlement may be necessary, where the court will partition the property.
Sale: In the case of a sale, proceeds must be distributed according to the shares of each heir.

Legal Recourse:

Objecting the Sale: If your mother attempts to sell the property without your consent, you may object and take legal action.
Legal Consultation: You should consult with a lawyer to explore all your options, which could include preventing the sale or ensuring you receive your fair share of the sale proceeds.

Conclusion:

Yes, you do have a say in the matter and share rights over the land with your mother. Your mother cannot unilaterally decide to sell the property without considering your inheritance rights.

Disclaimer:

This article is intended for informational purposes only and should not be construed as legal advice. Consultation with a qualified attorney is recommended for personalized legal guidance.