QUESTION:
Aldrin, I’m separated with my husband for over nine (9) years now. Please note that we haven’t legally annulled our marriage. I’m the one who’s taking care of our 3 children, sending them to school and rearing them while their deadbeat dad is living the bachelor’s life. He didn’t give a single centavo for support and education of the children. My mother, who’s a widow, has passed on in the latter part of 2019. As her only daughter, I have inherited a considerable sum with several parcels of land, rental townhouses and condominium properties. Now, my husband is knocking on our door and trying to get back in our lives. I want these properties to be solely in favor of my children. Can my husband claim a right over it – that he’s entitled to ½ of everything I inherited from my mom?
ANSWER:
An inheritance acquired by a wife from her parent/s…
And an inheritance acquired by a husband from his parent/s…
Is an EXCLUSIVE PROPERTY.
To be precise, they’re called…
Paraphernal property, in case of the wife.
And capital property, in case of the husband.
In which case, a husband has no business (and has no right) over the paraphernal properties of his wife.
And conversely, a wife has no business (and has no right) over the capital property of her husband.
So for example, Juan and Juana Dela Cruz are married.
During their marriage… Juana Dela Cruz inherited properties from her deceased father.
In which case, Juan Dela Cruz has no business (and has no right) over these properties.
It is only Juana who’s the owner of them.
Now, if (knock on wood) Juana dies ahead of Juan…
Then that’s the only time Juan will have a right over the properties…
As he will inherit these properties…
Being one of the compulsory heirs of Juana…
(together with the children)
So that’s how it works.
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