When a marriage is annulled or declared void in the Philippines and one parent later remarries, the children do not automatically divide everything their parent owns. Philippine law first separates the property of each marriage, then determines what belongs to each spouse, then protects the children’s rights through presumptive legitime during certain annulment/nullity cases and through inheritance when a parent dies. The difficult part is that children from the first marriage, children from the second marriage, illegitimate children, adopted children, and the new spouse may all have rights—but not always to the same property, and not always at the same time.

The Short Answer: Children Inherit From Their Parent, Not From the Marriage

A child’s inheritance comes from the estate of his or her parent. The child does not inherit from the “first marriage” or “second marriage” as a legal unit.

This means the first question is always:

What property actually belongs to the parent who died or whose assets are being divided?

Before children can receive anything, the law must identify:

Which properties belonged to the first marriage;
Which properties were exclusive properties of each spouse;
Which properties belonged to the second marriage;
Which properties were already delivered to children as presumptive legitime;
Which properties are subject to debts, taxes, mortgages, or claims of third persons; and
Whether the parent died with or without a will.

Under the Family Code, spouses may agree on a property regime in a marriage settlement before the marriage, but if there is none, the default under the Family Code is absolute community of property, meaning the community generally includes property owned at the time of the marriage and acquired afterward, subject to exclusions. (Lawphil)

“Annulment” vs. “Declaration of Nullity”: Why the Difference Matters

Many people use the word “annulment” for all court cases ending a marriage. In Philippine law, however, there are different categories:

Common term people use	Legal term	Basic meaning	Property effect
Annulment	Annulment of a voidable marriage	The marriage was valid until annulled by the court, usually under Article 45 of the Family Code	Liquidation, partition, custody/support, and presumptive legitime may be included
Nullity case	Declaration of absolute nullity	The marriage was void from the beginning, such as bigamous marriage or psychological incapacity	Rules depend on the legal ground
Article 36 case	Declaration of nullity due to psychological incapacity	Marriage is void due to psychological incapacity	Property is generally governed by co-ownership rules under Articles 147 or 148, not the ordinary liquidation-before-decree rule

This distinction matters because the Supreme Court has clarified that in Article 36 psychological incapacity cases, the property relations of the parties are governed by Articles 147 or 148 of the Family Code, and the decree of nullity need not wait for liquidation under Articles 50 and 51. (Supreme Court E-Library)

What Happens to Children’s Rights During Annulment or Nullity Proceedings?

During the case, the court deals with support, custody, property liquidation, and sometimes the children’s presumptive legitime.

Presumptive legitime means the amount the children are expected to receive as their compulsory inheritance if the parent had died at that time. It is not the final inheritance yet. It is treated as an advance on what the child may later receive when the parent actually dies.

Article 50 of the Family Code provides that the final judgment in proper annulment or nullity cases must address the liquidation, partition, and distribution of the spouses’ properties, custody and support of common children, and delivery of the children’s presumptive legitime, unless these matters were already decided in another proceeding. Article 51 states that the value of the presumptive legitime of all common children is computed as of the date of the trial court’s final judgment and may be delivered in cash, property, or sound securities. (Lawphil)

The same article also says the delivery of presumptive legitime does not prejudice the children’s ultimate successional rights when a parent later dies, but what was already received is considered an advance on their legitime. (Lawphil)

Does Remarriage Reduce the Rights of Children From the First Marriage?

Remarriage does not erase the rights of children from the first marriage.

Children conceived or born during a valid marriage are legitimate. Under Article 54 of the Family Code, children conceived or born before the judgment of annulment or absolute nullity under Article 36 becomes final and executory are considered legitimate. Children conceived or born of a subsequent marriage under Article 53 are likewise legitimate. (Lawphil)

The Civil Code also states that legitimate children inherit from their parents without distinction as to sex, age, or whether they come from different marriages. (Lawphil)

So, if a father has two legitimate children from his first marriage and one legitimate child from his second valid marriage, all three are legitimate children of that father. In the father’s estate, they generally stand in the same class.

What changes after remarriage is that the new spouse may also become a compulsory heir of the parent. Under Article 887 of the Civil Code, compulsory heirs include legitimate children and descendants, the surviving spouse, and illegitimate children whose filiation is duly proved. (Lawphil)

The Basic Order of Asset Division

In real life, asset division after annulment and remarriage usually follows this sequence.

1. Identify the legal status of each marriage

Check whether the first marriage was:

Annulled under Article 45;
Declared void under Article 36;
Declared void under Article 40 because a prior marriage had to be judicially declared void before remarriage;
Ended by death; or
Still not properly annotated in civil registry records.

This matters because Article 52 of the Family Code requires the judgment of annulment or nullity, the partition and distribution of properties, and the delivery of children’s presumptive legitime to be recorded in the appropriate civil registry and registries of property; otherwise, the same does not affect third persons. Article 53 further states that either former spouse may remarry only after compliance with Article 52, otherwise the subsequent marriage is void. (Lawphil)

2. Secure the civil registry records

For PSA annotation of an annulment or declaration of nullity, the usual supporting documents include the court decree, certificate of finality, certificate of registration, certificate of authenticity, unannotated marriage certificate, and annotated marriage certificate from the Local Civil Registry Office. (Philippine Statistics Authority)

In practice, families often encounter delays because the court, Local Civil Registrar, and PSA records do not move at the same speed. A person may have a final court decision but still have an unannotated PSA marriage certificate. This can affect remarriage, estate settlement, bank processing, title transfers, and embassy requirements.

3. Classify the properties

The properties must be grouped carefully.

Property type	Common example	Usual treatment
First marriage community or conjugal property	House bought during first marriage	Liquidated between first spouses before determining each spouse’s share
Exclusive property	Inherited land of one spouse, depending on regime and facts	Usually returned to the owning spouse
Article 147 co-owned property	Property acquired while parties lived together under a void marriage but were capacitated to marry	Presumed equal if acquired through joint efforts, including household care
Article 148 co-owned property	Property acquired in a relationship where one party was still validly married to another	Owned only in proportion to actual contribution
Second marriage property	Condo or business acquired during valid second marriage	Depends on second marriage property regime
Estate property	Parent’s net property at death after liquidation, debts, and taxes	Divided among compulsory/legal heirs

Article 147 of the Family Code recognizes that a party who did not earn money but cared for the family and household is deemed to have contributed jointly to the acquisition of property. Article 148 is stricter: only actual joint contributions of money, property, or industry are counted. (Lawphil)

4. Deduct debts, taxes, and obligations

Children do not divide the gross value of the properties. Debts, mortgages, taxes, estate obligations, and expenses of transfer must be addressed.

For deaths covered by the TRAIN-era estate tax rules, BIR Revenue Regulations No. 12-2018 states that the net estate of every decedent, whether resident or non-resident, is subject to estate tax at 6%. (Bir.gov.ph)

For transfers of real property, the BIR normally requires an Electronic Certificate Authorizing Registration, or eCAR, before the Register of Deeds will process transfer of title. BIR checklists usually require tax returns with proof of payment and supporting documents for eCAR processing. (Bureau of Internal Revenue)

5. Determine the heirs and their shares

Once the parent’s estate is identified, the heirs are determined.

If the parent died without a will, the Civil Code rules on intestate succession apply. If a surviving spouse and legitimate children are left, the surviving spouse gets the same share as each legitimate child. (Lawphil)

If legitimate children and illegitimate children survive, the illegitimate children inherit in the proportions provided by law. Article 176 of the Family Code states that the legitime of each illegitimate child is one-half of the legitime of a legitimate child. (Lawphil)

Example: Father Annulled, Remarried, and Died Without a Will

Suppose:

Father had two legitimate children from his first marriage.
His first marriage was properly annulled and recorded.
He validly remarried.
He had one legitimate child with his second wife.
He died without a will.
After liquidation of properties and payment of debts, his net estate is ₱12,000,000.

The heirs are:

Child A from first marriage;
Child B from first marriage;
Child C from second marriage; and
Second wife as surviving spouse.

Because the surviving spouse gets the same share as each legitimate child, the ₱12,000,000 estate is divided into four equal shares:

Heir	Share
Child A	₱3,000,000
Child B	₱3,000,000
Child C	₱3,000,000
Surviving spouse	₱3,000,000

The children from the first marriage do not get less merely because their parent remarried. The child from the second marriage does not get more merely because the second marriage was the last marriage. They inherit from the same parent in the same class as legitimate children.

Example With an Illegitimate Child

Suppose the same father also has one illegitimate child whose filiation is duly proved.

The heirs are now:

Three legitimate children;
One surviving spouse; and
One illegitimate child.

Let the share of each legitimate child be “1 unit.” The surviving spouse also gets “1 unit.” The illegitimate child gets one-half unit.

Total units:

3 legitimate children = 3 units
Surviving spouse = 1 unit
1 illegitimate child = 0.5 unit
Total = 4.5 units

For a ₱12,000,000 estate:

Heir	Approximate share
Legitimate Child A	₱2,666,666.67
Legitimate Child B	₱2,666,666.67
Legitimate Child C	₱2,666,666.67
Surviving spouse	₱2,666,666.67
Illegitimate child	₱1,333,333.33

This is simplified. Actual settlement may still change because of debts, donations during lifetime, advances on legitime, estate tax, title issues, or a valid will.

What If There Was a Will?

A will can distribute the parent’s free portion, but it cannot impair the legitime of compulsory heirs.

Article 886 of the Civil Code defines legitime as the part of the testator’s property that the law reserves for compulsory heirs. Article 888 states that the legitime of legitimate children and descendants consists of one-half of the hereditary estate of the father and mother. (Lawphil)

A parent may prefer one child, leave a specific property to the second spouse, or give a larger share to a child with special needs—but only within the limits allowed by legitime. If a will gives a compulsory heir less than the legal legitime, that heir may seek reduction of the excessive testamentary dispositions. Article 907 allows compulsory heirs to seek reduction of dispositions that impair or diminish their legitime. (Lawphil)

What If the Parent Gave Properties to Some Children While Still Alive?

Lifetime donations matter.

Articles 908 to 910 of the Civil Code require the estate computation to consider donations subject to collation, and donations given to children are generally charged to their legitime. Donations to illegitimate children are also charged to their legitime. (Lawphil)

This is why family settlements often become contentious when one child says:

“Papa already gave Kuya a house.”
“Mama transferred the farm to the children of the second marriage.”
“The first family was excluded because everything was donated before death.”

A donation made during the parent’s lifetime may be valid, but if it impairs the legitime of compulsory heirs, it may be reduced after death.

What If the First Annulment Was Not Properly Recorded Before Remarriage?

This is a common and serious problem.

Article 52 requires recording of the judgment, partition and distribution of properties, and delivery of children’s presumptive legitime in the appropriate civil registry and registries of property. Article 53 says a former spouse may remarry only after compliance with Article 52; otherwise, the subsequent marriage is null and void. (Lawphil)

If the second marriage is later questioned, it can affect:

The status of the second spouse as surviving spouse;
The property regime of the second relationship;
The legitimacy status of children, depending on the legal ground;
Title transfers;
Estate settlement; and
BIR and Register of Deeds processing.

Children should not assume that a church wedding, civil wedding, or foreign marriage ceremony automatically fixed everything. In the Philippines, the paper trail matters: court decision, finality, decree, LCR annotation, PSA annotation, and property registry entries.

Are Children From an Article 36 Nullity Case Legitimate?

Generally, yes, if they were conceived or born before the judgment of nullity under Article 36 became final and executory.

Article 54 of the Family Code says children conceived or born before the judgment of annulment or absolute nullity under Article 36 becomes final and executory are considered legitimate. (Lawphil)

In Republic v. Tangarorang, G.R. No. 272006, February 5, 2025, the Supreme Court held that legitimated children retain their legitimate status even if the parents’ marriage is later declared void due to psychological incapacity under Article 36. The Court emphasized that a declaration of nullity under Article 36 should not reduce a child’s status to illegitimacy. (Supreme Court E-Library)

What Documents Are Usually Needed?

For families dealing with annulment, remarriage, and inheritance, the usual documents include:

Purpose	Common documents
Proving first marriage and annulment/nullity	PSA marriage certificate, court decision, certificate of finality, decree of annulment/nullity, annotated marriage certificate
Proving remarriage	PSA marriage certificate of second marriage, marriage settlement if any
Proving children’s rights	PSA birth certificates, adoption decree if adopted, legitimation documents if applicable, acknowledgment documents for illegitimate children
Identifying real properties	Transfer Certificate of Title or Condominium Certificate of Title, tax declaration, real property tax receipts, tax clearance, subdivision/condo documents
Identifying personal properties	Bank certificates, stock certificates, vehicle OR/CR, insurance policies, business registration documents
Estate settlement	Death certificate, TIN of estate, BIR estate tax return, eCAR documents, extrajudicial settlement or court orders
If documents are signed abroad	Consular notarization, apostille, authenticated IDs, special power of attorney

For Philippine public documents to be used abroad, the DFA issues apostilles through its authentication system. The DFA also notes that foreign documents cannot be apostillized by the DFA because apostille/authentication applies to Philippine public documents for use abroad. (Apostille Services)

Practical Process for Dividing Assets Among Children

1. Build a family and property timeline

Create a written timeline showing:

Date of first marriage;
Birth dates of children;
Dates properties were acquired;
Date annulment/nullity petition was filed;
Date of decision;
Date of finality;
Date decree was issued;
Date of LCR and PSA annotation;
Date of remarriage;
Birth dates of later children;
Date of death, if the parent has died.

This timeline often solves half the problem because property rights depend heavily on dates.

2. Separate “title name” from “ownership”

A land title may be in the name of one spouse only, but that does not automatically mean it is exclusive property. If acquired during the marriage, it may still be community or conjugal property, depending on the property regime and source of funds.

3. Check if the first marriage property was liquidated

If the first marriage was annulled but the properties were never actually partitioned, the estate settlement after death can become messy. The first spouse may still have a share in properties acquired during the first marriage, and only the deceased parent’s share passes to the heirs.

4. Check whether presumptive legitime was delivered

If the children already received cash, property, or securities as presumptive legitime during the annulment/nullity process, that amount is treated as an advance on their legitime when succession later opens. (Lawphil)

5. Identify all compulsory heirs

List:

Legitimate children from the first marriage;
Legitimate children from the second marriage;
Legitimated children;
Legally adopted children;
Illegitimate children with duly proved filiation;
Surviving spouse, if the later marriage is valid;
Parents or ascendants, if there are no legitimate descendants.

6. Decide whether settlement is judicial or extrajudicial

If the parent died without a will, with no debts, and the heirs are all of age—or minors are represented by duly authorized legal or judicial representatives—the heirs may use extrajudicial settlement under Rule 74 of the Rules of Court. If they disagree, or if there are minors, disputed heirs, a will, debts, missing heirs, or serious title issues, court proceedings may be needed. (Lawphil)

7. Process tax and title transfers

For real property, the usual path is:

Prepare deed of extrajudicial settlement, partition, or court-approved project of partition;
Notarize the document;
Publish if required;
File estate tax return with the BIR;
Secure eCAR;
Pay transfer tax with the local treasurer;
Submit documents to the Register of Deeds;
Update tax declaration with the City or Municipal Assessor.

Timelines vary widely. A simple estate with complete documents may move in a few months. Estates involving old titles, missing heirs, unannotated annulments, foreign documents, unpaid real property taxes, or conflicting families can take much longer.

Common Problems in Annulment, Remarriage, and Inheritance Cases

The first family thinks the second family has no rights

If the second marriage is valid, the second spouse is a compulsory heir, and the children of the second marriage are legitimate children of the deceased parent. They cannot be excluded simply because the first family came earlier.

The second family thinks the first children were “cut off” by annulment

Annulment or nullity does not erase parent-child relationship. Children from the first marriage remain heirs of their parent.

Properties were placed under the new spouse’s name

This does not automatically defeat the rights of children from the first marriage. The source of funds, date of acquisition, applicable property regime, and documentary trail must be examined.

A foreign spouse is involved

Foreigners face special restrictions on Philippine land. Article XII, Section 7 of the 1987 Constitution states that, except in cases of hereditary succession, private lands may be transferred only to individuals or entities qualified to acquire or hold lands of the public domain. (Supreme Court E-Library)

This means a foreign surviving spouse may have inheritance issues that differ from ordinary sale or donation transactions. If land is involved, the exact mode of transfer matters.

The PSA record is not annotated

Banks, embassies, the BIR, the Register of Deeds, and future spouses often rely on PSA records. If the annulment or nullity is not annotated, the family may need to coordinate with the court, Local Civil Registrar, and PSA before estate or remarriage issues can move forward. PSA lists the court decree, certificate of finality, certificate of registration, certificate of authenticity, and annotated/unannotated marriage certificates among the documents used for annotation concerns. (Philippine Statistics Authority)

Frequently Asked Questions

Do children from the first marriage inherit after annulment?

Yes. Annulment does not remove the child’s right to inherit from his or her parent. Legitimate children from different marriages inherit from the same parent without preference based only on which marriage came first. (Lawphil)

Do children from the second marriage get equal shares with children from the first marriage?

If they are all legitimate children of the same parent, yes, they generally belong to the same class. The actual share may be affected by the surviving spouse, illegitimate children, debts, taxes, donations, and any valid will.

Does the new spouse inherit together with the children?

Yes, if the later marriage is valid and the spouse survives the deceased parent. When a widow or widower survives with legitimate children, the surviving spouse receives the same share as each legitimate child in intestate succession. (Lawphil)

What is presumptive legitime in annulment?

Presumptive legitime is the value of the inheritance that common children are expected to receive, computed as of the date of the trial court’s final judgment. It may be delivered in cash, property, or sound securities, and it is treated as an advance on the child’s future inheritance. (Lawphil)

Can a parent leave everything to the children of the second marriage?

Not if doing so impairs the legitime of compulsory heirs. Legitimate children, the surviving spouse, and illegitimate children with proven filiation have compulsory inheritance rights under the Civil Code. (Lawphil)

Can illegitimate children inherit if the parent had legitimate children?

Yes. Illegitimate children inherit from their parent if their filiation is duly proved. Their legitime is one-half of the legitime of a legitimate child, subject to the rules on the free portion and concurrence with other compulsory heirs. (Lawphil)

Can the children force the sale of the family home?

Not always. If the property is a family home and there are minor beneficiaries, partition may be restricted. The Family Code provides that the family home continues despite death for ten years or as long as there is a minor beneficiary, and heirs cannot partition it unless the court finds compelling reasons. (Lawphil)

What if one child already received a house while the parent was alive?

That transfer may be treated as a donation or advance, depending on the documents and circumstances. Donations to children are generally charged to their legitime, and excessive donations may be reduced if they impair the legitime of compulsory heirs. (Lawphil)

Is an extrajudicial settlement enough?

It may be enough if there is no will, no debts, and the heirs are all of age or properly represented. If there are disputed heirs, minors without proper authority, contested marriages, unliquidated conjugal properties, or disagreement among heirs, judicial settlement may be necessary. (Lawphil)

Key Takeaways

Annulment or nullity does not automatically divide all assets among the children.
The law first determines which properties belong to each marriage, each spouse, and finally the deceased parent’s estate.
Children from the first marriage remain heirs of their parent even after annulment and remarriage.
Children from a valid second marriage generally inherit equally with legitimate children from the first marriage.
A valid surviving spouse inherits together with the children.
Illegitimate children may inherit from their parent if filiation is duly proved, but their legitime is generally one-half of a legitimate child’s legitime.
Presumptive legitime delivered during annulment or nullity proceedings is usually treated as an advance on future inheritance.
PSA annotation, BIR estate tax, eCAR, Register of Deeds transfer, and proper documentation are often just as important as the court decision itself.