Heirs, Conjugal/Community Property, and Possession Rules

This article explains how rights over a parent’s house are determined after death under Philippine law—who the heirs are, how the house is classified as exclusive vs conjugal/community property, what shares each heir typically gets, and who may lawfully possess or occupy the property while settlement and partition are pending.

1) Start with the Two Questions That Decide Everything

When a parent dies and “a house is left behind,” the legal outcome depends mainly on:

A. Who actually owned the house at the moment of death?

A house can be:

Exclusive property of the deceased parent, or
Conjugal/community property of the deceased parent and the surviving spouse, or
Co-owned with other persons (e.g., siblings, parents, business partners)

B. Who are the heirs, and is there a valid will?

If there is a valid will, distribution follows it but must respect compulsory heirs’ legitimes.
If there is no will, distribution follows intestate succession rules.

A very common mistake is treating “the deceased parent’s house” as if the parent owned 100% outright. In many families, the surviving spouse already owns half (or more) before inheritance even begins—because of the marital property regime.

2) The House May Not Be 100% “Inheritance”: Marital Property Regimes

2.1 The default regimes you’ll usually encounter

Philippine marriages are governed by a property regime. The most common:

Absolute Community of Property (ACP)

Default for marriages on/after the Family Code’s effectivity (unless there’s a valid marriage settlement choosing another regime).
Broadly, property owned by either spouse before and during marriage becomes community property, with specific exclusions.

Conjugal Partnership of Gains (CPG)

Common for marriages before the Family Code’s default shift, or when chosen by marriage settlement.
Each spouse keeps exclusive ownership of what they brought into the marriage and what they acquire gratuitously; the partnership generally covers gains and property acquired for value during marriage.

Separation of Property / Other arrangements by marriage settlement

Because the regime can drastically change ownership, the “same house” can lead to different heir shares depending on:

Date of marriage
Existence and validity of a marriage settlement
How the house was acquired and paid

3) Classifying the House: Exclusive vs Conjugal/Community

3.1 Typical indicators the house is exclusive property

A house (and the land it sits on) tends to be exclusive if it was:

Acquired before the marriage (often exclusive under CPG; may be absorbed into ACP depending on timing and exclusions)
Received by the deceased by inheritance or donation specifically to that spouse (often exclusive under both regimes, subject to how the gift was made)
Purchased using exclusive funds (subject to proof and tracing)

3.2 Typical indicators the house is conjugal/community property

A house tends to be conjugal/community if:

It was bought during marriage for value (e.g., paid from salaries/business income)
It was built during marriage using conjugal/community resources
The title is in one spouse’s name but paid for with conjugal/community funds (title alone doesn’t always settle the issue)

3.3 Mixed situations (very common)

Often:

Land is exclusive, but the house is improved during marriage; or
One spouse used exclusive funds plus conjugal funds; or
A house is rebuilt/expanded using marital funds

These create reimbursement/accounting issues during liquidation (e.g., the community reimburses exclusive property or vice versa), and the final “inheritance portion” can change after proper accounting.

4) What Happens When One Spouse Dies: Dissolution and Liquidation First

If the house is conjugal/community, the death of one spouse generally triggers:

Dissolution of the community/conjugal partnership
Inventory of assets and obligations
Payment of obligations (including certain debts and expenses)
Reimbursement of advances/charges
Division of net property between spouses:
- The surviving spouse takes his/her share as owner
- Only the decedent’s share goes into the estate for inheritance

Key point:

Heirs inherit only what belongs to the deceased parent, not what already belongs to the surviving spouse.

Example (simplified): If the house is conjugal/community, and after liquidation the net value attributable to the property is ₱10M:

₱5M may already belong to the surviving spouse (as owner), and
Only ₱5M is inherited by heirs as part of the deceased’s estate (Actual results vary if there are reimbursements, loans, exclusive contributions, etc.)

5) Who Are the Heirs: Compulsory Heirs and Common Scenarios

5.1 Compulsory heirs (in most family situations)

Common compulsory heirs include:

Legitimate children and descendants (including adopted children, who generally have the rights of legitimate children)
Surviving spouse
Illegitimate children (with inheritance rights, typically smaller than legitimate children)
Legitimate parents/ascendants (usually only when there are no legitimate children/descendants)

5.2 Not heirs by default (common misconceptions)

These people do not automatically inherit unless included in a will or legally qualified:

Stepchildren (unless adopted)
In-laws
Live-in partners (not legally married)
Caretakers/relatives who simply lived in the house

6) Testate vs Intestate: With a Will vs Without a Will

6.1 If there is a will

The will must generally undergo probate (court process to validate it).
Even with a will, compulsory heirs are protected by legitime (a reserved portion that cannot be freely taken away except in very limited cases such as valid disinheritance meeting strict requirements).

Common will-related pitfalls:

Preterition (total omission of a compulsory heir in a way that affects legitime) can disrupt the testamentary plan.
Disinheritance must be for causes recognized by law and done in the manner required; otherwise it fails.

6.2 If there is no will (intestate succession)

Distribution follows legal rules. In real life, intestacy is the most common.

7) Typical Shares in Intestate Succession (Practical Guide)

Below are typical intestate outcomes for the decedent’s net estate (remember: if the property is conjugal/community, this is only the deceased spouse’s share after liquidation).

Scenario A: Surviving spouse + legitimate children

The surviving spouse generally gets a share equal to one legitimate child.
Legitimate children share equally among themselves.

Quick method: Count the spouse as “one child.” Divide the estate into equal parts among (number of legit children + 1 spouse-share).

Example: 3 legitimate children + surviving spouse Estate divided into 4 equal shares:

spouse = 1/4
each child = 1/4

Scenario B: Legitimate children only (no spouse)

Legitimate children share equally.

Scenario C: Surviving spouse only (no children, no parents/ascendants, no other heirs with higher priority)

Surviving spouse generally inherits all.

Scenario D: Surviving spouse + legitimate parents/ascendants (no legitimate children)

The spouse and parents/ascendants typically split the estate, commonly half-and-half in intestacy.

Scenario E: Illegitimate children

Illegitimate children have inheritance rights. In many mixed-family cases:

An illegitimate child’s share is generally smaller than a legitimate child’s share.
When legitimate children exist, illegitimate children’s shares are commonly computed as one-half of a legitimate child’s share (in many standard computations), but actual allocation depends on the exact concurring heirs and whether you are applying intestate rules vs legitime limits in testate settings.

Because illegitimacy issues often involve proof of filiation and competing claims, these cases commonly end up in court if contested.

8) Ownership vs Title: The Heirs Become Owners at Death, But Papers Lag Behind

A key principle in succession law:

Heirs succeed to the decedent’s rights at the moment of death (ownership “passes” by operation of law), but the estate must still be settled and obligations paid.

That is why you can have situations where:

Heirs are already owners in law,
but the title remains in the parent’s name,
and legally required settlement and tax steps are still needed before transfer/registration.

9) Possession Rules: Who May Live in the House After the Parent Dies?

9.1 Before partition, heirs are usually co-owners

Before the estate is partitioned, the heirs generally hold the inherited property in co-ownership (each has an “ideal” or undivided share).

Result: No single heir automatically owns a specific bedroom, floor, or portion of the lot unless there is a valid partition.

9.2 Can one heir occupy the whole house?

Often yes in practice—but legally it depends on consent and fairness.

General co-ownership principles:

Each co-owner has a right to use and possess the property consistent with the rights of the others.
A co-owner generally cannot exclude the others from possession as if he/she were the sole owner.

If one heir occupies the entire house:

It may be tolerated by agreement, family arrangement, or necessity.
But other heirs may later demand:
- partition, and/or
- accounting/compensation for exclusive enjoyment (especially after a clear demand is made), depending on circumstances.

9.3 The surviving spouse’s position is special (but not absolute)

If the surviving spouse is alive and the house was the family residence:

The spouse is typically a co-owner (by marital share and/or inheritance share).
The house may also qualify as a family home under the Family Code, which carries protections (notably from execution in many cases) and restrictions on disposition requiring consents.

However:

Being the surviving spouse does not automatically mean owning 100% of the house.
Adult children who are co-heirs also have property rights (though family home rules and practical considerations often influence actual arrangements).

9.4 Can heirs “evict” a co-heir or the surviving spouse?

Usually, a co-owner cannot eject another co-owner through ordinary ejectment logic because each co-owner has a right to possess.

More typical legal remedies among co-heirs include:

Judicial partition (to end co-ownership)
Accounting (for rents/fruits/expenses)
Appointment of an administrator in settlement proceedings (especially when conflict is severe)
Actions against third parties who have no ownership right (squatters, overstaying relatives who are not heirs, etc.)

10) Administration: Who Manages the House While Settlement Is Pending?

While the estate is unsettled:

The property may need management: paying real property tax, maintaining the house, collecting rent, handling repairs, safeguarding documents.

In peaceful families, heirs designate someone informally. In contested situations:

A court may appoint an executor (if testate) or administrator (if intestate/judicial settlement).
Acts of administration are treated differently from acts of ownership:
- Paying taxes/repairs = administration
- Selling/mortgaging/long-term leasing = ownership/disposition (usually requires consent of all co-owners or court authority, especially if minors are involved)

11) Can Someone Sell the House Before Settlement?

11.1 Selling the entire house

To validly sell the whole property:

Generally requires the participation/consent of all owners (surviving spouse’s share + all heirs’ shares), and
Compliance with settlement requirements and registration/tax requirements.

11.2 Selling only an “ideal share”

A co-owner can generally sell only his/her undivided share. This creates practical problems:

Buyers often avoid buying an undivided share in a family home.
The buyer becomes a co-owner with the remaining heirs.

Co-ownership rules also recognize legal redemption in certain co-ownership sales (a co-owner may have a right, under conditions, to redeem a share sold to a stranger within a limited time after notice).

11.3 If minors are heirs

If any heir is a minor, transactions affecting the minor’s share typically require:

Proper representation (guardian), and
Often court authority/approval for disposition.

12) Partition: How Co-Ownership Ends

12.1 Partition is generally a right

Co-ownership is usually not meant to be permanent. Any co-owner may generally demand partition, subject to limited exceptions.

Partition can be:

Extrajudicial (by agreement), or
Judicial (court), when heirs cannot agree.

12.2 Practical options in partition

Physical division (rare for a single house unless the lot can be subdivided)
Sale of the property and division of proceeds
One heir buys out the others
Keep co-ownership under a clear written agreement (use rules for expenses, repairs, occupancy, rentals)

13) Settlement Methods: Extrajudicial vs Judicial

13.1 Extrajudicial settlement (common, but not always available)

Typically used when:

The deceased left no will
The heirs are known and can agree
Requirements under procedural rules are met (including notices/publication requirements commonly observed in practice)
There are no serious disputes

Common instruments:

Deed of Extrajudicial Settlement (among multiple heirs)
Affidavit of Self-Adjudication (when there is a sole heir, under strict conditions)

Important reality:

Even when people “execute a deed,” errors or omissions (hidden heirs, wrong marital regime assumptions, unpaid creditors, missing consents, minors) can later create major legal problems, including nullity/annulment issues and title defects.

13.2 Judicial settlement

Typically needed when:

There is a will (probate)
Heirs dispute shares, status, or filiation
There are complicated debts/claims
There are missing/unknown heirs
There are serious conflicts over possession and administration

14) Debts, Taxes, and Charges: The House Is Not Free of Obligations

Even if heirs “own” the property by law at death, the estate remains subject to obligations, such as:

Real property taxes (amilyar)
Mortgage loans or encumbrances
Certain valid creditor claims
Estate tax requirements and documentation needed for transfer registration

As a practical matter, transfer of title is often blocked until tax clearance requirements are satisfied.

15) The Family Home Concept: Protection and Consent Rules

If the house is the family residence, it may be treated as a family home under the Family Code framework, which generally:

Protects it from execution in many cases (with recognized exceptions), and
Restricts sale/encumbrance by requiring specified consents (notably involving spouse and beneficiaries)

Family home rules affect disposition and protection, not the basic rule that ownership shares depend on marital property and succession.

16) Common Conflict Patterns (and the Legal Lens)

“My sibling lives there, so the house is now theirs.”

False. Possession does not automatically transfer ownership. At most, possession may raise factual issues (who paid taxes, who maintained, whether there is implied trust, etc.), but inheritance rights are not lost simply because one heir occupied the house.

“The surviving spouse owns everything.”

Often false. The surviving spouse may own:

A marital share (often 1/2 of conjugal/community after liquidation), plus
An inheritance share from the deceased spouse But not automatically 100%, especially when children exist.

“The title is in my parent’s name, so no one else has rights.”

False. Title is evidence of ownership, but succession operates by law. Heirs may acquire rights even before the title is transferred.

“We can sell the house first and divide later, even if someone refuses to sign.”

If an owner refuses to sign, the usual route is not to “force a sale by ignoring them,” but to pursue judicial settlement/partition and proper authority.

17) Practical Checklist: How Families Usually Resolve a Deceased Parent’s House

Confirm marital facts
- Was your parent married at death?
- Any marriage settlement?
- Date of marriage?
Classify the house
- When acquired?
- How paid?
- Any inheritance/donation?
- Title and tax declarations
Identify heirs
- Legitimate children/descendants (including adopted)
- Surviving spouse
- Illegitimate children (if any)
- Parents/ascendants (if no children)
List estate obligations
- Loans, mortgages, taxes, claims
Choose settlement path
- Extrajudicial if allowed and cooperative
- Judicial if will/dispute/complexity
Agree on possession while pending
- Who stays
- Who pays what
- Written rules on expenses, repairs, rentals, and eventual partition
Partition/transfer
- Divide, buy-out, or sell-and-split
- Complete registration steps so title matches real ownership

Key Takeaways

The “deceased parent’s house” is often not 100% inheritance—first determine whether it is exclusive or conjugal/community, then liquidate to identify the deceased’s inheritable share.
Heirs typically become co-owners of the deceased’s share from the moment of death, but co-ownership requires respecting each co-owner’s rights to possession and future partition.
Possession is not ownership; living in the house does not automatically make one the owner.
Selling, mortgaging, or permanently disposing of the property generally requires all owners’ participation (or court authority in proper proceedings), especially where there are disputes or minors.
The clean resolution is usually: classify → liquidate → settle → partition → transfer title.