Children can’t co-own exclusive property of a parent

Children can’t co-own exclusive property of a parent "My wife and I got married in 1995, and we did not enter any marriage settlement. My parents donated in my favor a certain lot after our marriage. Unfortunately, my wife died in December 2018. I am now intending to sell the lot donated to me and the farmland which we bought when my wife was still alive, because I do not have anything to spend for my medication. My children, who are now of legal age, opposed my plan and claimed that I cannot sell the lot and the farmland because the same are their inheritance. They also said that they become co-owners of the said properties the moment my wife died, thus, I must first obtain their consent before disposing these properties. Do I really need to get my children’s consent before I can sell these properties? EmmanuelDear Emmanuel, There are two classifications of the properties which you intend to sell. First, the lot, which was donated to you after your marriage by your parents, was deemed to be your exclusive property. This is in consonance with Article 109 of the Family Code of the Philippines which states:“The following shall be the exclusive property of each spouse: xxx xxxx(2) That which each acquires during the marriage by gratuitous title xxxxxxxx”.Relative thereto, “the spouses retain the ownership, possession, administration and enjoyment of their exclusive properties. xxx xxx xxx (Article 110, Ibid.)”. Thus, your children’s claim that they are co-owners of the lot donated to you has no legal basis because the said property is your exclusive property. Your children’s interest with respect to your exclusive property is merely inchoate interest or a mere expectancy. “The right of a son, with respect to the property of a father or mother, is also an inchoate or contingent interest, because upon the death of the father or the mother or both, he will have a right to inherit said conjugal property (Director of Lands and Evidente vs. Lagniton, GR L-11491, May 28, 1958, Ponente: Associate Justice Alejo Labrador).”The second property, which is the farmland, is deemed to be a part of the absolute community of property because the same was acquired during the existence of the marriage. Since you failed to enter any marriage settlement, it is presumed that all properties owned by the spouses at the time of the celebration of marriage or acquired thereafter shall be considered as part of the absolute community of property (Article 91, Id.). Hence, your children are correct in their statement that they became co-owners of the farmland upon the death of your wife in 2018. Their consent is necessary if you intend to dispose the whole farmland.Please take note of your obligations as provided under Article 103 of the same code if you intend to proceed with the disposition of the farmland: “Upon the termination of the marriage by death, the community property shall be liquidated in the same proceeding for the settlement of estate of the deceased.“If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property either judicially or extra-judicially within one year from the death of the deceased spouse. If upon the lapse of the said period, no liquidation is made, any disposition or encumbrance involving the community property of the terminated marriage shall be void.”Applying the above cited provision of law in your situation, it is necessary that the community property shall be liquidated in the same proceeding for the settlement of the estate of your wife which settlement can be done judicially or extra-judicially within one year after the death of your wife otherwise the disposition involving properties belonging to the absolute community of property will be void.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/