Inheritance Rights to Property Bought Before Marriage (Philippines)

Last updated for the Family Code and prevailing civil-law principles. This is general information, not legal advice for a specific case.

1) Why the timing of the purchase matters

In Philippine law, what you own when you marry and what you earn or acquire after are treated differently, depending on your property regime. The regime determines whether a property is part of a common pool (to be shared and later liquidated upon death) or remains exclusive to a spouse.

The three main regimes are:

Absolute Community of Property (ACP) — the default for marriages celebrated on or after 3 August 1988 (Family Code) unless a prenuptial agreement provides otherwise.
Conjugal Partnership of Gains (CPG) — default for marriages before 3 August 1988 (old Civil Code), or if the spouses stipulate it in a prenup under the Family Code.
Complete Separation of Property — only if stipulated in a valid prenup.

2) How a pre-marriage purchase is classified

Under ACP (default today)

General rule: All property owned by either spouse at the time of the wedding, and those acquired thereafter, fall into the absolute community.
Effect: A house, lot, condo, car, or any asset bought by A before the wedding typically becomes community property on the wedding day (unless excluded by a valid prenup or by law).

Statutory exclusions under ACP (remain exclusive):

Property acquired during the marriage by gratuitous title (e.g., inheritance, pure donation), unless the donor/testator says otherwise.
Property for personal and exclusive use (but jewelry is community).
Property expressly excluded by a prenup (marriage settlement).

Key takeaway: If you bought the property before the wedding and no prenup excludes it, it will usually be community property under ACP.

Under CPG

Each spouse’s capital consists of property owned before marriage and those acquired during marriage by gratuitous title.
The conjugal partnership owns the net gains acquired by either or both spouses during marriage.
Effect: A property bought before marriage normally remains the exclusive (paraphernal/exclusive) property of the buyer-spouse, not conjugal—although the conjugal partnership may have reimbursement rights if it paid for improvements, amortizations, or preservation.

Under Complete Separation

Ownership stays where it lies. A pre-marriage property remains exclusively the buyer-spouse’s.

3) Tricky acquisition scenarios

Installment purchases that straddle the wedding date: Title may be traced to the moment of acquisition (e.g., contract execution/transfer of ownership). If acquisition happened before marriage, the property is exclusive under CPG/Separation (with reimbursement to the conjugal/community for installments paid during marriage). Under ACP, even if bought pre-marriage, it typically joins the community at the wedding (again, absent a prenup).
Title in one spouse’s name only: Name on the title is not conclusive. Classification follows the regime and timing, with presumptions favoring the common fund for acquisitions during marriage. Evidence (source of funds, dates, contracts) can rebut the presumption.
Improvements during marriage: If community/conjugal funds improved an exclusive property, the common fund generally has a lien or reimbursement right equal to the value added or expense incurred, whichever the law or jurisprudence allows in the specific context.
Commingling of funds: Mixing exclusive and common funds can create reimbursement issues and, in some cases, presumptions in favor of the community for acquisitions during marriage.

4) Death of a spouse: the two-step lens

When one spouse dies, do not jump straight to “who inherits the property.” Philippine succession starts with liquidation of the property regime:

Step 1 — Liquidate the marital property

ACP: Determine the net community estate. Half belongs outright to the surviving spouse. The other half becomes part of the decedent’s estate.
CPG: Return each spouse’s exclusive capital; add net gains to the conjugal mass; then split the net conjugal partnership 50-50. The decedent’s 50% share of the net gains, plus the decedent’s exclusive capital, form the estate.
Separation: No community to liquidate. The estate is simply the decedent’s exclusive properties.

Step 2 — Distribute the estate to heirs (testate or intestate)

After Step 1, the estate is allocated according to:

A valid will (subject to legitime rules protecting compulsory heirs), or
Intestate succession (no will, or will is invalid as to some assets).

Compulsory heirs include:

Legitimate children/descendants;
In their absence, legitimate parents/ascendants;
The surviving spouse;
Illegitimate children (their legitime traditionally differs from that of legitimate children).

Illustrations (common patterns):

With legitimate children (intestate): Surviving spouse typically shares as a child—i.e., gets a portion equal to that of one legitimate child.
With no descendants but with legitimate parents/ascendants: The surviving spouse shares with them; the fractions vary under the Civil Code.
With no descendants or ascendants: The surviving spouse often takes a larger share, sharing with collateral relatives only in certain degrees.
With illegitimate children: They are also compulsory heirs; their shares interact with the spouse’s and (if any) legitimate children’s under the legitime scheme.

Important: The family home is generally part of the community/conjugal mass and goes through liquidation, but legal protections (e.g., value thresholds and exemptions) and the rights of the surviving spouse/minor children to occupy are recognized. Always evaluate after Step 1.

5) Putting it together: typical outcomes

Property bought before marriage; couple married under ACP (no prenup); owner dies leaving spouse and two children.
- The property is community.
- Liquidation: 50% goes to the surviving spouse as share of the community (this is not inheritance).
- The other 50% falls into the estate.
- Intestate distribution of that 50%: typically equal shares among the spouse and each legitimate child (spouse gets a child’s share from the estate half).
Property bought before marriage; couple under CPG; owner dies leaving spouse only (no descendants/ascendants).
- The property is exclusive to the owner.
- Liquidation: Determine if the conjugal partnership funded improvements—if yes, reimburse the partnership.
- Estate: Whatever remains is generally inherited by the spouse (and possibly collaterals, depending on exact relatives surviving and intestacy rules). A will can change free portions but not the legitime of compulsory heirs.
Property bought before marriage; complete separation via prenup; owner dies leaving spouse and one child.
- The property is exclusive to the owner.
- Estate distribution: Spouse and child both inherit according to the will/intestacy, with the child and spouse as compulsory heirs. The spouse does not first take 50%—there is no common mass to split.

6) Documentation & evidence that often decide cases

Marriage settlement (prenup): Must be executed before the wedding; to bind third persons, it must be registered (Civil Registry; and at the Registry of Deeds for real property effects).
Dates & contracts: Deeds of sale, contracts to sell, titles, tax declarations, receipts, loan/ mortgage records, bank proofs for down payments and amortizations.
Source of funds: Salary statements, remittance records, inheritance/donation deeds (to show exclusive character), corporate records for shares.
Improvements & repairs: Permits, invoices, and payment proofs (to establish reimbursement claims).

7) Special contexts

Unions without a valid marriage

Property relations are governed by Articles 147 or 148 of the Family Code, depending on good/bad faith and legal capacity issues. The regime functions like a co-ownership of properties acquired by their joint efforts during cohabitation, with reimbursements for exclusive contributions. Inheritance then follows the law on succession, not the spousal regimes above.

Second marriages, legal separation, annulment, or nullity

Subsequent marriages require prior dissolution and liquidation of the first regime; otherwise, property overlaps and presumptions complicate later inheritance.
Legal separation does not dissolve the marriage but dissolves the property regime (usually shifting to separation for future acquisitions).
Annulment/nullity can retroact, affecting classification; however, rights of innocent third persons and children are protected.

8) Wills and the legitime “guardrails”

Even if there’s a will, the freedom to dispose is limited by legitime—the reserved minimum share for compulsory heirs. You can:

Allocate specific properties to specific heirs (subject to legitime).
Use substitutions, conditions, or usufructs within legal limits.
Disinherit only on legally recognized grounds.

Poorly drafted wills can be partly void, pushing the estate (or its excess) into intestacy.

9) Taxes and settlement mechanics (high-level)

Estate tax: Presently a flat rate (with standard and family-home deductions set by current tax law). Returns are generally due within one year from death (extensions possible).
Modes of settlement:
- Extrajudicial settlement (all heirs of full age, no debts, or debts settled) by public instrument plus publication; or
- Judicial settlement (if contested, minors involved, complex debts, or to secure court authority).
Transfers of real property: Require BIR clearance, tax payments, LGU taxes, and Registry of Deeds transfer after issuance of new TCT/CCT.

(Because tax thresholds and procedures are periodically amended, check the latest BIR issuances for exact numbers and forms.)

10) Practical tips to avoid disputes

If you want a pre-marriage asset to stay separate: Execute a prenup selecting CPG or Separation, or expressly exclude specific assets from ACP.
Keep paper trails: Preserve contracts, proof of payments, and funding sources (especially for amortized purchases).
Mark donations/inheritances clearly: Accept in your name, keep the deed, and note any stipulations on exclusivity or fruits.
When a spouse dies: Do not transfer title bypassing Step 1 liquidation; determine shares first, then distribute the estate.
Consider a will: Tailor dispositions within legitime limits, especially for blended families or unique assets (family business, farmland, condo with foreign elements).
Get professional help: Complex situations (installments, improvements, mixed funds, prior marriages, foreign elements) benefit from counsel.

11) Quick FAQs

Q: We married in 2015 (no prenup). I bought the condo in 2013. Who owns it now? A: Under ACP, it ordinarily became community property upon marriage. On your death, your spouse first gets 50% as community share; the other 50% is your estate to be inherited by your heirs.

Q: We married in 1985 (no prenup). I bought the house in 1983. A: Under CPG, that house is generally your exclusive property. If conjugal funds improved it, the conjugal partnership may have reimbursement or a lien.

Q: Title is in my husband’s name, but I helped pay installments after marriage. A: Name on the title doesn’t control classification. Under ACP, if the property pre-dated the wedding, it’s community; under CPG/Separation, your payments can support reimbursement or a lien for the common fund.

Q: Can a will leave everything to someone outside the family? A: Not entirely. The legitime of compulsory heirs (spouse, descendants/ascendants, and illegitimate children) must be reserved.

Bottom line

For marriages governed by ACP, property bought before marriage usually joins the community, unless validly excluded.
For CPG or Separation, such property usually stays exclusive, with reimbursement rights if common funds contributed.
On death, always liquidate the regime first, then distribute the estate under will/intestacy and legitime rules.

If you want, describe your exact dates (purchase, wedding), your marriage regime (or whether there’s a prenup), who survives, and what documents you have—I can work through a precise, step-by-step allocation.