1) Why this issue is so common

Disputes over a “parent’s house” often mix three different legal questions:

What property regime governed the parents’ marriage? (conjugal partnership or absolute community, or separation of property)
Who actually owned the house at the moment the parent died? (the marital partnership/community? the parent alone? co-owned with others?)
Who inherits the deceased parent’s share, and in what proportions? (compulsory heirs and legitimes under Philippine succession law)

The answer is rarely “the children automatically get the whole house,” and it is also rarely “the surviving spouse automatically owns everything.” In most cases, the surviving spouse keeps their marital share first, and only the deceased parent’s share becomes inheritance.

2) Core concepts you must separate

A. “Conjugal/Community property” (marital property)

This refers to property that belongs to the marital partnership (or community) during the marriage.

In the Philippines, two main default regimes exist depending on when the marriage occurred (and absent a valid prenuptial agreement):

Absolute Community of Property (ACP) – generally the default for marriages from August 3, 1988 onward (Family Code era). As a rule, property owned by either spouse before the marriage and property acquired during the marriage become part of the community, with notable exclusions (e.g., gratuitous acquisitions like inheritance/donation to one spouse, and certain personal properties).
Conjugal Partnership of Gains (CPG) – generally the default for marriages before August 3, 1988 under the Civil Code, absent contrary marriage settlements. Ownership of each spouse’s exclusive property is retained, but the gains/earnings and many acquisitions during marriage become conjugal.

People often say “conjugal” loosely, but the legal treatment differs depending on whether the parents were under ACP or CPG.

B. “Exclusive/Paraphernal property”

This is property owned by one spouse alone (depending on the regime), typically because it was:

Owned before the marriage (more clearly exclusive in CPG; less straightforward in ACP because ACP generally brings pre-marriage properties into the community subject to exclusions),
Acquired gratuitously (inheritance or donation) specifically to that spouse, or
Acquired with exclusive funds under rules allowing exclusivity (especially under CPG).

C. “Inheritance / estate”

Inheritance is the transfer of the deceased parent’s estate to heirs. Critical point:

The estate is not the whole house unless the deceased owned the whole house. If the house is marital property, only the deceased’s share (often one-half after liquidation) is inheritable.

D. “Legitime” and “compulsory heirs”

Philippine succession law protects certain heirs by guaranteeing minimum shares (legitime). These include:

Legitimate children and their descendants
The surviving spouse
Illegitimate children (with a different share)
Legitimate parents/ascendants (only if there are no legitimate children/descendants)

Because of legitimes, the deceased parent generally cannot freely give away the entire house to one child (or a new spouse) if doing so violates compulsory heirs’ legitimes.

3) The practical roadmap: how to determine who can claim what

Step 1: Identify the marriage property regime

Ask:

When did the parents marry?
Did they sign a valid marriage settlement/prenuptial agreement?
Is there a prior marriage with property complications (second marriage, etc.)?

This sets the framework: ACP vs CPG vs separation.

Step 2: Identify the house’s “character”

The house might be:

Community/conjugal property (most common if acquired during marriage with marital funds),
Exclusive property of the deceased parent, or
Exclusive property of the surviving spouse, or
Co-owned with third persons (e.g., siblings, parents, business partners).

Clues include:

Title name(s),
Date of acquisition versus date of marriage,
Source of funds (earnings vs inheritance/donation),
Whether it replaced another property (substitution),
Documentation (deeds, donations, wills, estate papers).

Title is important but not always conclusive. A property titled in one spouse’s name can still be marital property depending on the regime and proof of acquisition/source.

Step 3: Liquidate the marital property first (before inheritance distribution)

When a spouse dies, the marital property regime is dissolved. Before heirs divide inheritance, the law generally requires:

Settlement of debts/obligations, and
Liquidation of the community/conjugal partnership to identify:
- the surviving spouse’s share, and
- the deceased’s net share that becomes the estate.

A frequent misconception is skipping this step and immediately dividing the whole property among children. That is legally risky.

Step 4: Determine heirs and shares (estate distribution)

Only the deceased’s net share after liquidation becomes subject to succession rules.

4) Typical scenarios and who gets what

Scenario A: House is community/conjugal property of the parents

This is the “classic” case: acquired during the marriage using income/earnings.

Effect at death of one spouse:

The surviving spouse is entitled to their marital share (often one-half after liquidation, subject to debts and charges).
The deceased spouse’s share (often the other half) becomes part of the estate.
That estate is inherited by compulsory heirs (children, spouse, etc.).

Result: Children do not inherit the surviving spouse’s half. They inherit only the deceased parent’s share (unless the surviving spouse later dies, in which case the spouse’s estate is inherited then).

Who can occupy or control the house?

Ownership shifts into a form of co-ownership: surviving spouse as to their share, and heirs as to the deceased’s share (often held in undivided shares until partition).
Use and possession can be contentious; courts may recognize the surviving spouse’s right to remain, especially when it is the family home, but this depends on facts, family law protections, and equitable considerations.

Scenario B: House is exclusive property of the deceased parent

This may happen if:

It was inherited/donated to the deceased alone (gratuitous), or
It was acquired before marriage and the regime recognizes exclusivity (more common in CPG), or
It was acquired with exclusive funds and properly characterized/documented as exclusive.

Effect: The entire house (subject to debts/obligations and the family home rules) is part of the estate and is inherited by heirs according to compulsory heir rules.

The surviving spouse still inherits (as a compulsory heir) but not because it is “conjugal”—rather as an heir.

Scenario C: House is exclusive property of the surviving spouse

Children of the deceased parent generally have no inheritable claim over the surviving spouse’s exclusive property while the surviving spouse is alive, unless:

The deceased already owned a share (co-ownership), or
There was a donation/mortgage/transaction affecting rights, or
There are special circumstances (fraud, simulation, etc.).

Scenario D: Title is in the name of only one spouse

Under many real-life situations, titles are in one name for convenience.
Under ACP/CPG rules, the property might still be marital if acquired during marriage and not excluded.

Practical effect: Heirs may need to prove the property is conjugal/community (or exclusive) depending on the claim. Conversely, the surviving spouse may need to prove exclusivity if challenging a conjugal presumption.

Scenario E: Parent in a second marriage; children are from a first marriage

Common flashpoints:

Children fear the new spouse will take the house.
New spouse fears being displaced.

Key principles:

The new spouse is a compulsory heir of the deceased.
Children from the first marriage are also compulsory heirs if legitimate/recognized.
The property regime of the second marriage matters.
Property acquired before the second marriage may be exclusive or may remain co-owned with heirs of the first spouse, depending on how the first marriage was settled and whether there was prior liquidation/partition.

5) The “family home” angle: special protections and limits

A house used as the family residence may qualify as a family home, which has legal consequences, including:

Certain protections from execution by creditors (subject to statutory exceptions),
Rules on disposition: in some cases, the family home cannot be sold or encumbered without the consent required by law,
Considerations upon death: rights of the surviving spouse and minor children can affect use/occupancy.

These protections do not magically change ownership shares, but they can affect enforceability, sale, and ejectment dynamics.

6) Children’s claims: what they can and cannot demand

What children can generally claim

Their inheritance share in the deceased parent’s estate, which may include:
- the deceased parent’s share in a conjugal/community house, or
- the entire house if it is the deceased parent’s exclusive property.
Accounting and liquidation of the marital property to properly compute the estate.
Partition (division) of the estate or sale/partition of co-owned property after settlement, subject to legal restrictions and practical issues (including family home considerations, minors, and court supervision).

What children generally cannot claim (during surviving spouse’s lifetime)

Automatic ownership of the entire house if part of it belongs to the surviving spouse.
The right to sell the whole house without the surviving spouse’s participation (if spouse owns a share).
Immediate physical possession to the exclusion of the surviving spouse, especially if the spouse has rights of occupancy or there are equitable/family home issues.

Can one child claim the house just because they “stayed and maintained it”?

Maintenance, improvements, and occupancy can support:

Reimbursement claims,
Equitable adjustments in partition,
Potential claims of implied trust only in narrow, proof-heavy scenarios, but they do not automatically transfer ownership absent a valid conveyance, inheritance distribution, or a successful court-recognized theory.

Can children force a sale?

If the property is co-owned (spouse + heirs), a co-owner can generally seek partition. Practically:

Partition can be voluntary (extrajudicial settlement and partition) or judicial (court action).
Courts consider feasibility, rights of occupants, and statutory protections.

7) Surviving spouse’s claims: what the spouse can and cannot demand

What the surviving spouse can generally claim

Marital share in community/conjugal property after liquidation.
Inheritance share in the deceased spouse’s estate as a compulsory heir.
In many situations, a defensible right to remain in the family residence (fact-dependent), especially where minor children are involved or where equitable considerations apply.

What the surviving spouse generally cannot claim

Total ownership of property that is clearly the deceased’s exclusive property (unless inherited through lawful succession or valid transfer).
The ability to disinherit compulsory heirs by mere assertion of “asawa ako” (I am the spouse). Compulsory heir rights are protected.

8) Wills, donations, and “pre-death transfers”: can a parent give the house to someone else?

A. Wills

A will can control only the free portion of the estate. It cannot impair legitimes of compulsory heirs. If a will tries to give away too much (e.g., entire house) beyond what the law allows, it may be reduced to respect legitimes.

B. Donations during lifetime

Donations are common and controversial (e.g., parent donates house to one child). Key issues:

Donations may be subject to collation (bringing donations into account when computing legitime), depending on the heir relationship and circumstances.
Donations that impair legitimes can be subject to reduction.
If the property is marital property, a spouse’s consent/participation and regime rules matter.

C. “Simulated sales” and transfers to evade heirs

If heirs can prove simulation, fraud, or that the price was not real, courts may treat transfers as void or as donations, triggering legitime protections. These cases are evidence-heavy.

9) Settlement routes: extrajudicial vs judicial

A. Extrajudicial settlement

Possible when:

The deceased left no will, and
The heirs are of age (or minors represented properly), and
There is agreement among heirs (and spouse), and
Legal requirements for publication and documentation are followed.

This typically involves:

Deed of Extrajudicial Settlement (with or without partition),
Transfer of title to heirs/co-owners,
Payment of taxes/fees.

B. Judicial settlement

Needed or advisable when:

There is a will requiring probate,
Heirs disagree,
There are minors with conflicting interests,
Ownership characterization is disputed (conjugal vs exclusive),
There are claims of fraud/simulation/invalid transfers,
Debts/creditors are significant.

Judicial settlement can include:

Estate proceedings,
Liquidation of property regime,
Accounting,
Partition.

10) Tax and documentation realities (often the hidden battlefield)

Even if heirs agree on shares, practical transfer requires compliance with:

Estate tax filing/payment (or proof of exemption/amnesty where applicable),
Documentary requirements for Register of Deeds,
Clearances and local tax payments.

Delays often occur because families postpone settlement, then face complications:

Missing documents,
Unpaid taxes,
Deceased co-owners,
Multiple successive deaths,
Informal partitions with no titles updated.

11) Common myths corrected

“Nasa pangalan ni Mama/Papa, kanya lang ‘yan.” Not necessarily. Under marital regimes, title name does not always reflect true characterization.
“Pag namatay ang parent, automatic hati-hati na agad.” No. You must first settle debts and liquidate marital property, then distribute the estate.
“The spouse gets everything.” No. The spouse gets their marital share (if applicable) and an inheritance share, but children have legitimes.
“Children can kick out the surviving spouse.” Often not, especially if the spouse owns a share and/or the home is the family residence; disputes usually require proper legal process.
“A parent can give the entire house to one child via will.” Only within the free portion; legitimes of compulsory heirs must be preserved.

12) Practical claim-checklist for real disputes

If you are assessing claims over a deceased parent’s house, the legally decisive questions usually are:

Date of marriage; property regime; existence of marriage settlements.
Date of acquisition of the house/land; mode of acquisition (purchase vs inheritance/donation).
Source of funds (marital earnings vs exclusive funds).
Title details and any annotations (mortgages, adverse claims, liens).
Whether there was a prior death and whether the first estate was ever settled.
Existence of a will; existence of lifetime donations/transfers.
Heir list: legitimate children, illegitimate children, surviving spouse, ascendants (if applicable).
Debts/creditors and whether the property is considered the family home.
Possession/occupancy facts and any improvements or reimbursements to be accounted for.
Whether the case can be settled extrajudicially or needs judicial intervention.

13) Bottom line principles

Conjugal/community property is not automatically “inheritance.” The surviving spouse’s share is carved out first through liquidation.
Inheritance applies to the deceased parent’s net estate, which may be the deceased’s share of a conjugal/community house or the entire house if exclusive.
Children and the surviving spouse are generally compulsory heirs whose legitimes must be respected.
Most conflicts are solved by correctly characterizing the house and properly liquidating the marital property regime before distributing inheritance.