1) Overview: two separate questions, two separate bodies of law

In Philippine law, a widow’s (surviving wife’s) situation after her husband’s death usually raises two distinct legal tracks:

Personal status: Can she remarry, and under what requirements?
Property and succession: Can she continue living in the former conjugal/family home, and for how long, especially when there are heirs (children, parents of the deceased, etc.)?

The first is governed mainly by marriage law under the Family Code and civil registry rules. The second is governed by property regimes under the Family Code plus succession (inheritance) rules under the Civil Code and the Family Code provisions on the family home.

2) Right to remarry: general rule and practical requirements

A. General rule: death dissolves the marriage

A valid marriage is dissolved by the death of a spouse. Once the husband dies, the widow is free to marry again—no annulment or declaration of nullity is needed because the prior marriage has already ended by death.

B. Capacity and standard marriage requirements still apply

A widow remarrying must still comply with the usual legal requirements for marriage, including:

Legal age and capacity (no legal impediment)
Marriage license (unless exempt)
Authority of the solemnizing officer
Marriage ceremony with required formalities

C. What documents are typically required for a widow’s marriage license application

Local Civil Registrars commonly require proof of the prior marriage and its dissolution by death, such as:

PSA/LCRO marriage certificate of the prior marriage (or “Advisory on Marriages,” depending on practice)
PSA death certificate of the deceased husband (or authenticated foreign death certificate if death occurred abroad)
Valid IDs and other standard license requirements

Practices can vary by locality, but the legal idea is consistent: the widow must show that the earlier marriage ended because the spouse died.

D. The “300/301-day” issue (pregnancy/paternity risk) and why it still matters

Philippine law historically included a “waiting period” concept for women whose prior marriage ended (by death or annulment) to avoid confusion of filiation—i.e., disputes about who the father is if a child is born soon after remarriage.

Even where criminal enforcement is rare in modern practice, civil registry requirements and filiation presumptions still make timing important in real life:

If a widow remarries very soon after her husband’s death and later gives birth, questions may arise whether the child is presumed conceived in the prior marriage or the new one.
Some Local Civil Registrars require a medical certificate (often a pregnancy test or certification) if the remarriage is within a short period after the prior marriage ended, to address filiation concerns.

Key legal consequence: Under the Family Code’s rules on legitimacy and paternity presumptions, timing around conception and birth can affect the child’s presumed father and legitimacy status, and may later require legal clarification.

E. Name/surname use after widowhood and remarriage (practical legal effect)

After her husband’s death, a widow may continue using the husband’s surname in practice, but surname use does not control inheritance or property rights.
Upon remarriage, she may adopt her new husband’s surname following civil registry practice. This does not erase vested rights from the first marriage or from the first husband’s estate.

3) The “former conjugal home”: clarify terms and ownership first

A. “Conjugal home” vs. “family home”

In everyday usage, “conjugal home” refers to the residence used by the spouses. Legally, the Family Code uses the concept of the family home—the dwelling where the family resides—because it carries special protections (especially against creditors and, to a degree, against immediate partition).

B. Ownership of the home depends on the property regime and the property’s source

Before deciding the widow’s right to occupy, determine what the house/lot legally is:

Part of Absolute Community of Property (ACP)
- Default property regime for marriages after the Family Code took effect unless there was a valid marriage settlement choosing another regime.
- Generally includes property owned before and acquired during marriage, subject to exclusions (notably certain inheritances/donations with stipulations, and personal-use items except jewelry).
Part of Conjugal Partnership of Gains (CPG)
- Common for marriages governed by older rules or where chosen by agreement.
- Generally focuses on properties acquired during marriage and the fruits/income of each spouse’s property, again subject to classification rules.
Exclusive property of the husband (deceased)
- Examples: property he inherited, property acquired before marriage (depending on regime and circumstances), or property donated specifically to him.
Exclusive property of the wife (widow)
- If the home is exclusively hers, her right to use it is primarily an ownership right, not merely a “widow’s right.”
Mixed situations
- A house built with community/conjugal funds on exclusive land (or vice versa) can create reimbursement claims and complex classification issues.

4) What happens to property when the husband dies: liquidation and co-ownership

A. Death dissolves the property regime

Upon the husband’s death:

The ACP or CPG is dissolved, and
The properties must be liquidated:
1. Identify community/conjugal assets and liabilities
2. Pay obligations
3. Deliver each spouse’s share
4. Determine what belongs to the estate of the deceased

B. The widow’s “two hats”: co-owner + heir

In many cases, the widow has rights in two separate ways:

As owner of her share of community/conjugal property
- Commonly, this is effectively one-half of the net community/conjugal property after liquidation (the exact outcome depends on classification and obligations).
As an heir of the deceased spouse
- The deceased’s estate typically includes:
  - His share in the community/conjugal property (often the other half after liquidation), plus
  - His exclusive property (if any)
- The widow is generally a compulsory heir and receives an inheritance share depending on which heirs concur (legitimate children, illegitimate children, parents, etc.).

C. Co-ownership arises among heirs until partition

Before formal settlement and partition:

The estate properties are typically held in co-ownership among the heirs (which usually include the surviving spouse and children, if any).
Co-owners generally have the right to use the property consistent with the rights of other co-owners.

5) The Family Code “family home” protections and why they matter for occupancy

A. The family home is deemed constituted by actual residence

Under the Family Code, a family home is generally recognized from the time the family actually occupies the dwelling as the family residence.

B. Beneficiaries include the surviving spouse and children (and certain relatives)

The family home’s protection is aimed at sheltering the family unit. Beneficiaries generally include:

The spouses (or surviving spouse), and
Their children and other relatives living in the home and legally dependent for support (subject to the Family Code’s framework)

C. Exemption from execution has exceptions

The family home is generally exempt from execution/attachment, but not absolutely. It may be reached for certain obligations, commonly including:

Nonpayment of taxes
Debts incurred prior to the constitution of the family home
Debts secured by mortgage on the property
Certain obligations tied to labor/materials for construction (as recognized in family home rules)

D. Continuation after death and partition pressure

A crucial rule in practice: the family home concept can continue even after the death of one spouse, particularly while there are beneficiaries (often including minor children) who continue to reside there. This can affect:

How quickly other heirs can force a sale or partition, and
Whether the widow and children can maintain residence during estate settlement

In many real-world disputes, courts and settlement practice recognize strong equity in favor of allowing the surviving spouse and children—especially minors—to continue occupying the home while succession matters are being resolved, even when legal ownership is shared.

6) Can the widow keep using the former conjugal home?

A. If the home is wholly the widow’s exclusive property

She may continue using it as owner. The deceased husband’s heirs generally cannot claim it unless the property is proven not exclusive.

B. If the home is community/conjugal property

The widow typically owns her share outright after liquidation. The deceased husband’s share becomes part of the estate, co-owned by heirs after settlement.

Practical effect:

The widow is not a mere “tenant” by grace; she is usually a co-owner and often also an heir.
Co-owners cannot simply eject another co-owner through ordinary eviction procedures without first resolving ownership/partition.

C. If the home is the husband’s exclusive property

The widow’s right to stay depends on:

Her status as heir and her eventual hereditary share, and
The family home protections and the presence of beneficiaries (especially children) residing there, and
The stage of estate settlement (pending settlement vs. after partition)

She may have a strong basis to remain pending settlement, but after final partition, continued occupancy depends on what portion she receives or whether she can lawfully remain by agreement.

7) Effect of remarriage on the widow’s right to occupy the former conjugal home

A. Remarriage does not automatically erase vested property rights

As a baseline:

The widow’s ownership share in the former community/conjugal property (after liquidation) does not vanish just because she remarries.
Her inheritance rights from the first husband’s estate are not automatically cancelled by remarriage. Once succession rights vest, remarriage is not, by itself, a legal ground to strip those rights.

B. Remarriage can change the practical and equitable landscape

While remarriage does not automatically extinguish rights, it can affect:

Whether the widow continues to qualify as an actual resident beneficiary of the “family home” protections (depending on occupancy and circumstances)
The willingness of other heirs to tolerate extended exclusive possession
The urgency of partition demands by co-heirs (particularly adult children)

C. If the widow stays in the home and minor children of the first marriage live there

This is commonly the strongest scenario for continued occupancy:

The presence of minor children supports the child-protection and family-home rationale for stability.
Courts generally weigh the welfare of children heavily in conflicts over residence.

D. If the widow remarries and moves the new spouse into the former conjugal home

Legally, this is not automatically forbidden, but it is a frequent trigger for dispute because:

The new spouse has no ownership rights in the old home merely by moving in.
Other co-heirs may argue prejudice to their rights, especially if the property is co-owned with children of the first marriage.
It may accelerate demands for partition or accounting.

E. If the widow remarries and moves out

If she leaves the former conjugal home and it ceases to be used by the statutory beneficiaries (e.g., no minor children remain living there), the “family home” protection rationale becomes weaker. Co-heirs may more readily compel partition or sale.

8) Can the children or other heirs force the widow to leave?

A. Before partition: co-ownership generally blocks simple “ejectment”

If the widow is a co-owner (by liquidation share and/or inheritance), she generally cannot be removed via ordinary landlord-tenant eviction mechanics. The usual legal path for heirs who want possession is:

Judicial settlement and partition, or
Action to partition (or to terminate co-ownership), and related relief

B. After partition: possession follows the partition result

Once there is a final partition (judicial or properly executed extrajudicial settlement with the required safeguards):

The property (or proceeds) is allocated to specific persons.
If the home is awarded to other heirs or sold and distributed, the widow may have to vacate unless she receives the property, purchases others’ shares, or has a lawful agreement to remain.

C. Exclusive possession and “rental value/accounting” issues

A recurring point in disputes: if one co-owner occupies the property exclusively and effectively excludes others, the other co-owners may demand:

Partition, and/or
Accounting for fruits/benefits (which can include reasonable rental value in appropriate cases)

Outcomes depend heavily on facts: whether others were actually excluded, whether the occupancy was for the benefit of minor children, whether there was consent, and what equitable considerations apply.

9) Estate settlement mechanics that directly affect the home

A. Extrajudicial settlement (when allowed)

If the deceased left no will and the heirs are qualified to settle extrajudicially (commonly requiring that there be no disputes and that legal requirements are met), the heirs can:

Execute a deed of extrajudicial settlement/partition
Pay required taxes and comply with publication/registration requirements
Transfer title accordingly

If there are minor heirs or contested issues, judicial settlement is often necessary.

B. Judicial settlement and administration

In a judicial settlement:

An administrator may be appointed (the surviving spouse is often a preferred choice, depending on circumstances).
The court supervises payment of debts, protection of heirs (especially minors), and eventual partition.

C. Family allowance during settlement

Rules on estate settlement recognize that the surviving spouse and minor children may need support during settlement. Courts can allow a family allowance chargeable against the estate while administration is pending, subject to reasonableness and the estate’s condition.

10) Common fact patterns and how the law typically treats them

Scenario 1: Home is community property; widow lives there with minor children; adult children want her out

Widow is typically a co-owner and a compulsory heir.
Minor children’s welfare weighs heavily.
Other heirs usually must pursue settlement/partition rather than ejectment, and courts are cautious about disrupting the children’s residence.

Scenario 2: Home is husband’s exclusive property; widow remarries and lives there with new spouse; children of first marriage object

Widow may still be an heir, but her continued occupancy becomes more contentious.
Children may push for settlement/partition sooner.
The new spouse has no automatic right to reside; courts may be less sympathetic if the arrangement prejudices children-heirs.

Scenario 3: Home is co-owned; widow remarries and moves out; adult heirs want to sell

With no minor-beneficiary stability issue, partition/sale becomes more straightforward.
Widow retains her ownership/inheritance share in proceeds but may not be able to block partition indefinitely absent a strong legal basis.

Scenario 4: Home is titled in deceased husband’s name alone, but acquired during marriage

Title alone is not always decisive. Classification depends on the property regime and acquisition source.
The widow may still have a community/conjugal share even if the title bears only the husband’s name.

11) Practical legal points that prevent avoidable loss of rights

A. Do not treat continued residence as proof of sole ownership

Living in the home does not automatically mean ownership of the whole property. Ownership follows liquidation and succession rules.

B. Settle the estate to clarify rights and prevent “frozen” co-ownership conflicts

Long-delayed settlement often leads to:

Informal arrangements hardening into disputes
Title transfer problems
Competing claims by later spouses, children, or creditors

C. If there are minor heirs, safeguards are strict

Transactions affecting minors’ hereditary shares typically require:

Judicial oversight or authority
Proof the transaction is beneficial/necessary
Compliance with protective procedures

D. Remarriage creates a new property regime, but it does not rewrite the past

Assets and rights from the first marriage (including inheritance shares and liquidated property entitlements) do not automatically become part of the second marriage’s property pool; classification depends on the timing and nature of acquisition and the applicable regime.

12) Bottom line rules

A widow may remarry because death dissolves the prior marriage, subject to ordinary marriage requirements and practical civil registry safeguards related to filiation timing.
Use of the former conjugal/family home depends on ownership and succession: community/conjugal share + inheritance share + family home protections.
Remarriage does not automatically forfeit the widow’s vested property and inheritance rights, but it can affect occupancy dynamics, especially with co-heirs and the presence (or absence) of minor children.
Heirs usually cannot “evict” a co-owning widow through simple ejectment; the typical remedy is estate settlement and partition, after which possession follows the final allocation.