This article explains how Philippine law treats sales of conjugal/absolute community property when one spouse has already died. It covers the governing property regimes, what death legally triggers, when such sales are valid or void, effects on buyers and heirs, documentary and tax requirements, and practical remedies.

1) First principles: what “conjugal property” means

Since 3 August 1988, spouses in the Philippines are ordinarily governed by the Absolute Community of Property (ACP) under the Family Code, unless they signed valid prenuptial agreements choosing another regime. Couples married before the Family Code generally fall under the Conjugal Partnership of Gains (CPG), unless they opted otherwise.

ACP: Essentially creates one pot: property owned by either spouse before the marriage (with important exceptions), and property acquired during the marriage, form the community. Management and disposition require consent of both spouses.
CPG: Each spouse keeps ownership of exclusive properties; only the net gains acquired during the marriage are common. Disposition of conjugal property likewise requires written consent of both.

Under both regimes, unilateral sale or mortgage of community/conjugal real property without the other spouse’s written consent is generally void as to the interest of the non-consenting spouse.

2) What death instantly changes

The death of a spouse dissolves the marital property regime. From that moment:

The community/conjugal mass must be liquidated (Family Code liquidation rules for ACP and CPG).
Conceptually, a co-ownership arises between (a) the surviving spouse (to the extent of his/her share) and (b) the estate of the deceased (which, after estate settlement, passes to the heirs).
Until liquidation/partition, each co-owner only has an ideal/undivided share; no one can validly convey a specific portion without the others’ participation or a proper partition.

3) “Sales signed after death”: common scenarios and their validity

Below are the situations practitioners most often see, with the usual legal outcome:

A. Deed dated after the spouse’s death, bearing the deceased’s signature

A dead person cannot consent. The signature is either forged or was affixed before death with the date altered.
Effect: The sale is void as to the deceased’s share (and typically void in full if the buyer relied on that signature to acquire the whole). Possible criminal exposure for falsification, plus civil annulment.

B. Sale by the surviving spouse alone of the entire conjugal/community property after the other spouse’s death

At death, half (or the appropriate share under the regime) is no longer the surviving spouse’s to dispose of; it belongs to the estate/heirs.
Effect: The sale transfers only what the seller could lawfully convey—generally the surviving spouse’s undivided share. As to the deceased’s/estate’s share, the sale is ineffective (not binding on the estate or heirs).
Practically, the buyer becomes a co-owner with the estate/heirs and cannot demand physical possession of a definite portion until partition.

C. Sale by the surviving spouse of his/her undivided share only

Effect: Valid to the extent of that undivided share. Title transfer/registration will still require estate documents (see §7) because the property cannot be subdivided or fully transferred without addressing the estate’s interest.

D. Sale by an executor/administrator of estate property with prior court approval

Under the Rules of Court, administrators/executors may sell estate realty when authorized by the probate court (typically to pay debts/expenses or carry out the will).
Effect: Valid and registrable within the terms of the court order. Without such authority, a sale of estate realty by the administrator is generally void or at least unenforceable against the estate.

E. Contract signed before death but notarized or registered after

A sale of real property is perfected upon meeting of the minds on the object and price; notarization is for form/publicity/registration.
Effect: If actually signed by both spouses before death (and consent requirements were met), the subsequent notarization/registration does not invalidate it. The date and authenticity of signatures become factual questions.

F. Sale by an agent under a special power of attorney (SPA) after the principal’s death

Agency is extinguished by death of the principal.
Effect: Acts of the agent after death are void (except narrow protections for good-faith third parties who relied on agency without knowledge of death, which are uncommon with real property because registries/ID checks are routine).

G. Property that is actually exclusive of the deceased (not conjugal/community)

If the property was exclusive (e.g., acquired by gratuitous title with exclusive-property stipulation), the surviving spouse cannot sell any part of it as conjugal/community property.
Effect: A “conjugal sale” of exclusive property is void; only the executor/administrator/heirs can validly convey, following estate rules.

H. The family home

During the marriage, the family home cannot be alienated without both spouses’ consent (or court approval in specified cases). After death, it forms part of the estate but enjoys statutory protections (e.g., exemption from execution within limits and delayed partition while the heirs entitled to its shelter occupy it).
Effect: A post-death sale touching the family home must respect those protections; buyers should expect additional scrutiny and often court/estate documentation.

4) “Void,” “voidable,” or merely “ineffective”—why the label matters

Void (e.g., forged signature; no consent during marriage where law declares the act void): produces no legal effects; may be attacked at any time (subject to equitable defenses like laches).
Voidable/annullable: valid until annulled within prescriptive periods by the proper party.
Ineffective as to non-consenting co-owners/heirs: a solo seller can pass only his/her undivided share; the remainder does not pass.

In practice, courts often treat a post-death solo conveyance of the whole property by the surviving spouse as valid only to the seller’s ideal share and ineffective as to the estate’s share. Where the defect is consent during marriage (pre-death) or a forged post-death signature, courts characterize the transfer as void.

5) What buyers must check (heightened due diligence)

Date of death vs. deed date (compare to PSA death certificate).
Property regime: ACP or CPG? Any valid marriage settlement?
Chain of title: how was the property acquired and when (pre- or post-marriage)? Any annotations (lis pendens, adverse claims, SPA, affidavits)?
Authority of the signatory: Both spouses? Executor/administrator with court approval? All heirs (or guardian for minors) in an extrajudicial settlement?
Estate status: Is there a pending probate/intestate case? Has there been an extrajudicial settlement (Rule 74) and eCAR issuance?
Family home status and actual possession (widow/widower, minor children).
Taxes: Were estate taxes settled (6%)? Without estate tax clearance (eCAR), the Register of Deeds will not transfer title for the estate’s share.

6) Registration realities (why registries refuse many post-death deeds)

Even if a buyer and the surviving spouse agree privately, the Register of Deeds will usually refuse to transfer the full title because:

The seller can only convey his/her undivided share, and the estate’s share requires either (a) a court order in probate, or (b) a valid extrajudicial settlement (all heirs of age; or guardians/court approval for minors), plus taxes.
For estate participation, the BIR Electronic Certificate Authorizing Registration (eCAR) for the estate must be presented, alongside Capital Gains Tax/DST documents for the sale.

Result: Unregistered or partially registered conveyances, which trap buyers in co-ownership and invite later disputes.

7) Taxes and paperwork commonly implicated

Estate Tax (6%) on the net estate of the deceased (must be paid before the estate’s property can be transferred to heirs or buyers).
Capital Gains Tax (6%) and Documentary Stamp Tax (1.5%) on the sale of real property classified as a capital asset.
BIR eCAR(s): one for estate settlement (if the estate’s share is moving to heirs/buyer) and one for the sale itself.
Extrajudicial Settlement (Rule 74) or Probate/Intestate court orders, as applicable.
SPA (if an agent signs) must be specific and, critically, effective on the signing date (not extinguished by death).
Court approval for an administrator/executor’s sale of real property.
Barangay/Municipal clearances, tax declarations, current real property tax receipts.

8) Typical dispute patterns and how courts tend to resolve them

Heirs attack a deed “signed” after death: Courts declare it void for impossibility or forgery; title reverts, subject to buyer’s claims for reimbursement against the wrongdoer.
Buyer sues for delivery of the whole property after purchasing from the surviving spouse alone: Courts recognize the buyer as co-owner only up to the seller’s undivided share; they may order partition, not delivery of the whole.
Unconsented sale during marriage later surfaces after death: Courts typically declare the deed void (lack of spousal consent) and cancel derivative titles, protecting innocent parties only to the extent the law allows.
Administrator sells without court authority: Transactions are assailable and often set aside for lack of authority, especially if prejudicial to the estate.

9) Practical playbooks

If you are the surviving spouse

Do not sign a deed for the entire property without involving the estate/heirs or obtaining probate court approval.
You may sell your undivided share, but expect the buyer to insist on simultaneous estate settlement to avoid co-ownership.
Begin liquidation under the Family Code and proceed to probate or extrajudicial settlement (if legally available), and settle estate tax promptly to avoid surcharges.

If you are a buyer

Require: (i) heirs’ participation and Rule 74 compliance or a probate court order with administrator’s authority; (ii) BIR eCAR(s); (iii) proof of death and marital regime.
Avoid paying in full until registrability is assured. Use escrow tied to issuance of eCAR and registrable documents.

If you are an heir

If a deed surfaced that was signed after death or without proper authority, file for annulment/cancellation of title and, where appropriate, criminal action for falsification.
If a third party bought in good faith from the surviving spouse only, demand partition, recognizing the buyer as co-owner only to the extent of the spouse’s share.

10) Quick answers to frequent “what-ifs”

Q: The deed is dated two weeks after my father died but bears both parents’ signatures. A: Presumptively void as to your father’s signature; likely forged or antedated. Investigate the notarial register, IDs, and witnesses.
Q: My mother sold the whole house six months after Dad died; buyer now wants us out. A: Buyer acquired at most your mother’s undivided share. The rest remains with the estate/heirs until a proper partition.
Q: The contract was signed (privately) by both parents a day before Dad passed away but only notarized a month later. A: If the signing before death is proven and the required spousal consent existed, the sale is generally valid between the parties; notarization later enables registration.
Q: Can an SPA let my sibling sign for our deceased father’s estate? A: No. Agency ends at death. Post-death acts require estate proceedings and, for real property sales, court approval if done by an administrator.
Q: The house is our family home. Does that change anything? A: Yes, it triggers statutory protections. Expect additional hurdles, and usually you cannot validly alienate it post-death without dealing with the estate and protected occupants.

11) Bottom line

A sale of conjugal/community real property signed after one spouse has died is never a simple “just sign” matter. Death dissolves the regime and shifts the legal landscape to co-ownership and estate law. Without the estate/heirs (or a probate court order) in the deal—and without estate tax compliance—a surviving spouse can convey only his or her undivided share, leaving buyers with a co-ownership and a path to partition, not exclusive ownership.

Practical checklist (one page)

Confirm date of death (PSA certificate).
Identify property regime (ACP/CPG; any marriage settlement).
Verify title history and annotations.
Determine if the property is family home.
If buying: insist on heirs + Rule 74 or probate order; if selling: limit to your undivided share unless the estate joins.
Secure court approval for administrator’s sale of realty.
Pay estate tax → obtain eCAR (estate).
Pay CGT/DST → obtain eCAR (sale).
Register with Register of Deeds only when the above are complete.

This is general information for the Philippine setting. For any real transaction or dispute, consult a Philippine lawyer with your documents and timelines, because small factual details (dates, annotations, possession, nature of funds used to buy the property, presence of minor heirs) often decide these cases.