Do Sons and Daughters Have Equal Rights to the Parents’ House?

A Complete Guide to Philippine Inheritance Rules

Short answer: Yes. Under Philippine law, sons and daughters—when similarly situated (e.g., both legitimate, or both illegitimate)—inherit in equal shares. Birth order and gender do not affect how a parent’s estate, including a family house and lot, is divided. What does change shares are status (legitimate vs. illegitimate vs. adopted), the presence of a surviving spouse, the property regime of the marriage, and whether there is a valid will.

1) What law governs inheritance (succession) in the Philippines?

Succession is chiefly governed by the Civil Code (Book III), as modified by the Family Code and special statutes (e.g., the TRAIN Law for estate tax). Key ideas you’ll see below:

Compulsory heirs. Certain heirs cannot be deprived of their minimum share (the legitime) except for very specific grounds for disinheritance.
Legitime vs. free portion. The estate is divided into (a) the legitime of compulsory heirs and (b) the free portion that the testator may dispose of by will.
Intestate succession. If there is no will, the law fixes who inherits and in what proportions.
No primogeniture. There is no “eldest-son preference.” Sons and daughters inherit equally within their class.

2) Is a “parents’ house” automatically shared?

A parent’s house becomes part of the estate upon death (subject to property regime and debts). The estate is then:

used to pay estate obligations (taxes, debts, funeral/administration expenses), then
distributed to heirs according to a will (if valid and respects legitimes), or by intestate rules (if no will or the will doesn’t dispose of everything).

3) First question to ask: Whose property is the house?

A. Property regime of the marriage

Absolute Community of Property (ACP) — default for marriages on/after 3 Aug 1988 (Family Code), unless spouses agreed otherwise in a valid marriage settlement.
Conjugal Partnership of Gains (CPG) — common for marriages before 3 Aug 1988, unless otherwise agreed.
Separation of property — only if spouses executed a valid agreement or a court decree provides so.

B. Presumptions and exceptions

A house acquired during the marriage is generally presumed community/conjugal, unless proved to be exclusive (e.g., acquired before marriage, or by gratuitous title—donation or inheritance—to just one spouse, and kept exclusive).
If the house is community/conjugal, then only the decedent’s one-half share enters the estate. The surviving spouse keeps their one-half off the top.

Example: If the house is worth ₱10,000,000 and is community property, the estate counts only ₱5,000,000 (the decedent’s half). The other ₱5,000,000 already belongs to the surviving spouse.

4) Who are the compulsory heirs and what are their legitimes?

Compulsory heirs (in various combinations) include:

Legitimate children and descendants (including adopted children; adoption confers the status of a legitimate child).
Illegitimate children (all kinds of illegitimacy now treated uniformly for succession).
The surviving spouse.
Legitimate parents/ascendants (only if there are no legitimate children/descendants).

Equality within the same class: All legitimate children share equally; all illegitimate children share equally; sons and daughters are equal.

Classic legitime rules (simplified)

With legitimate children/descendants:
- Legitimate children’s legitime = ½ of the estate, equally among them.
- Surviving spouse’s legitime = the same as one legitimate child’s share.
- Illegitimate children’s legitime = ½ of a legitimate child’s share each (taken from the free portion).
With only illegitimate children (no legitimate children/descendants):
- Illegitimate children’s legitime = ½ of the estate, equally.
- Surviving spouse’s legitime = ⅓ of the estate.
With no descendants:
- Legitimate parents/ascendants become compulsory heirs: ½ of the estate for them.
- Spouse’s legitime varies by concurrence (often ½ of the estate when with ascendants).

No “gender bonus.” A son and a daughter standing in the same class (e.g., both legitimate) must receive equal shares. Birth order is irrelevant.

5) How do illegitimate and adopted children factor in?

Adopted children are treated as legitimate children for succession. They inherit equally with biological legitimate sons and daughters.
Illegitimate children inherit from their parents (and vice versa) but, by statute, each illegitimate child’s legitime is ½ of a legitimate child’s share when they concur with legitimate children.
There is a long-standing barrier on intestate succession between an illegitimate child and the legitimate relatives of the parent (often referred to as the “iron curtain” rule of Article 992). This does not affect equality among sons and daughters who share the same status; it affects who can inherit from whom in collateral/ascendant lines.

6) What if there is a will?

A parent may dispose of the free portion by will (e.g., give the house, or a usufruct over it, to someone). But a will cannot impair legitimes. If the will leaves the house to one child, the others can reduce the testamentary disposition insofar as it invades their legitime.

Bottom line: A will may change who gets the house only within the bounds of the free portion. It cannot deprive compulsory heirs of their minimum shares (except for lawful disinheritance on strict grounds).

7) Special treatment of the family home

The family home enjoys limited protection from execution and, upon death, forms part of the estate, but the law offers deductions for estate tax purposes (see tax section below).
Occupancy/possession after death is usually resolved by co-ownership rules and/or partition; the surviving spouse and qualified heirs may continue to use the family home pending settlement, subject to agreements among heirs and estate administration needs.

8) Worked examples (most common scenarios)

Assumptions (to keep math clear): No debts, no other assets, no will. The house is the only asset. Values are after deciding if it’s exclusive or community.

Example A — House is exclusive to the deceased; heirs: spouse + 2 legitimate children

Estate = ₱10,000,000 (entire house).

Legitimate children’s legitime: ½ of estate = ₱5,000,000, split ₱2,500,000 each.
Spouse’s legitime: equal to one legitimate child’s share = ₱2,500,000.
Free portion left: ₱10,000,000 − (2.5M + 2.5M + 2.5M) = ₱2,500,000.
Intestate distribution of the free portion: divided proportionally among spouse + legitimate children.
- Final shares (no will): each child ends up with more than 2.5M, and the spouse also increases beyond 2.5M; all three split the remaining ₱2.5M pro rata, keeping the equality among the children.

Example B — House is community property (ACP/CPG); heirs: spouse + 1 legitimate daughter + 1 legitimate son

House value ₱10,000,000. First, carve out the spouse’s ½ community share = ₱5,000,000 (not part of the estate). Estate = ₱5,000,000 (the decedent’s half).

Legitimate children’s legitime: ½ of ₱5,000,000 = ₱2,500,000 → ₱1,250,000 each.
Spouse’s legitime: equal to one child’s share = ₱1,250,000.
Free portion: ₱5,000,000 − (₱1.25M + ₱1.25M + ₱1.25M) = ₱1,250,000, distributed by intestacy among spouse + the two children.
Equality: Son and daughter take exactly the same.

Example C — Heirs: spouse + 1 legitimate son + 1 illegitimate daughter; house exclusive to the deceased

Estate = ₱10,000,000.

Legitimate child’s legitime (½ estate) = ₱5,000,000 → the legitimate son gets ₱5,000,000 as legitime.
Spouse’s legitime = equal to one legitimate child’s share taken from the free portion, ₱5,000,000 (but limited by the free portion).
Free portion = ₱5,000,000. From it:
- Spouse takes ₱5,000,000 legitime or the maximum available under the rules (in practice, the spouse receives a share equal to a legitimate child’s share; if more heirs exist, numbers adjust).
- Illegitimate daughter’s legitime = ½ of a legitimate child’s share, taken from the free portion. Since the legitimate child’s share is ₱5,000,000, her legitime target is ₱2,500,000; this must be fitted inside the free portion, so the spouse/illegitimate child shares are coordinated to satisfy both legitimes.
If numbers collide, the law scales the free portion between the spouse and illegitimate child so both legitimes are satisfied. (With a will, the testamentary gifts yield first to legitimes.)

Takeaway: Equality still holds within status—the legitimate son and a hypothetical legitimate daughter would be equal; an illegitimate child’s legitime is a fixed fraction (½ of a legitimate child’s share).

9) What happens after death but before partition?

Until the estate is partitioned, the heirs are in co-ownership of the estate property by ideal shares. No heir may sell the entire house without the others’ consent; each may sell only their undivided interest. Practical steps:

Inventory & valuation of the estate (identify if the house is exclusive or community).
Settle debts and taxes (estate tax, etc.).
Either execute an Extrajudicial Settlement (if conditions are met: no will, no debts, all heirs of age/represented) with publication, or file a petition for estate settlement in court.
Partition: by agreement or by court (if the heirs cannot agree), including possible sale of the house and division of proceeds.

10) Estate tax and the family home (quick compliance checklist)

Under current tax rules (TRAIN Law and BIR regulations as implemented):

Estate tax rate: 6% of the net estate.
Standard deduction: ₱5,000,000 from the gross estate.
Family home deduction: Up to ₱10,000,000 (subject to statutory requirements that the property qualified as the family home).
Deductions reduce the taxable base; liens/mortgages are also considered.
Deadlines: Estate tax return is generally due within one (1) year from death (extensions may be available for meritorious cases).
Transferring title: You need eCAR (BIR Electronic Certificate Authorizing Registration), then annotate/cancel the old title and issue new titles in heirs’ names or buyer’s name if sold.

These tax mechanics don’t change the equality of sons and daughters—they just determine how much of the estate remains to be shared.

11) Foreign heirs and land

Foreign citizens may acquire land by hereditary succession. This constitutional allowance means a foreign son or daughter may inherit the house/land, even though ordinary purchases by foreigners are generally restricted. Post-inheritance subsequent transfers must still respect land ownership limits and other laws.

12) Disinheritance and unworthiness (rare but important)

A compulsory heir (son or daughter) may be deprived of their legitime only by lawful disinheritance on strict, enumerated grounds (e.g., serious offenses against the parent). The disinheriting cause must be stated in a will and proved; otherwise, the disinheritance fails. Causes apply regardless of gender.

13) Practical roadmap for families

Identify ownership: Is the house exclusive, community, or conjugal?
Confirm heirs: Surviving spouse? Legitimate/illegitimate/adopted children? Predeceased children with representation by grandchildren (per stirpes)?
Compute legitimes and check if there’s a will cutting into the free portion.
Handle taxes & debts before partition.
Choose a settlement path: Extrajudicial (if allowed) vs. judicial.
Document co-ownership or partition; if selling, agree on a sale and divide proceeds per shares.
Title work: Secure eCAR, transfer with the Registry of Deeds.

14) Key takeaways

Sons and daughters are equal under Philippine succession law.
The status of the child (legitimate/illegitimate/adopted) and the presence of a surviving spouse change the amount, not the son vs. daughter ranking (there is none).
Start with the property regime to know how much of the house actually enters the estate.
Legitimes are inviolable except by lawful disinheritance.
The family home and tax rules can substantially affect the net distributable value but not equality among sons and daughters.

Quick Q&A

Does the eldest son get more? No. No primogeniture in Philippine law.
Can parents leave the entire house to one child by will? Only to the extent of the free portion. The others can reduce the will if it invades their legitimes.
Can one sibling refuse to sign the extrajudicial settlement? Yes—then you’ll need a court proceeding for partition/settlement.
Can we keep living in the family home during settlement? Usually yes, by agreement among heirs and subject to estate administration needs.

If you’d like, tell me your exact family mix (spouse/children, legitimate or not, adopted, predeceased with grandchildren, marriage date for property regime, and whether the house was acquired before/after marriage). I can run the precise computation and draft a step-by-step settlement plan tailored to your facts.