WHO ARE THE HEIRS?

Here's a thought-provoking case on hereditary succession. Let's test your knowledge of the law.

In 1985, Tom Cruz married Nichole, and during their marriage, they purchased a house in Parañaque.

Their marriage was legally annulled in 2005, but no separation of assets was carried out.

Nichole passed away in 2012. They had no children and Nichole's parents have passed away long before her death.

In 2015, Tom married Katy, who had three children from her previous marriage.

In 2022, Tom succumbed to COVID and passed away.

Who stands to inherit the house in Parañaque? More specifically, are the kids of Katy rightful heirs of Tom considering they're not his legitimate children?

Bonus question: Give the resulting ownership of the heir/heirs.

The answer will be posted on Friday. ***

Breaking It Down

Who owned the property before Nichole's death?

Since the house was purchased during Tom and Nichole’s marriage, it was presumed to be conjugal property. After their annulment, no separation of assets was made, meaning each still retained a 50% share in the property.

Who inherited Nichole’s 50% share upon her death?

If Nichole had siblings, her 50% share would be distributed as follows:

+ Half of her share (25% of the property) goes to Tom as the surviving ex-spouse.

+ The remaining 25% is divided among Nichole’s siblings.

Legal Basis: Article 1001 of the Civil Code (CC)

"Should [siblings] or their children survive with the widower, the [widower] shall be entitled to one-half of the inheritance and the [siblings] or their children to the other half."

If Nichole had no siblings, Tom would inherit her entire 50% share, making him the sole owner of the property.

Legal Basis: Article 995 of the Civil Code (CC)

"In the absence of legitimate [children] and [parents]... the surviving spouse shall inherit the entire estate..."

Did Tom’s marriage to Katy make her a co-owner of the property?

Yes. Under the Absolute Community of Property (ACP) regime, all properties owned by either spouse before and during the marriage become community property, unless otherwise excluded by law or a prenuptial agreement. Thus, when Tom remarried Katy, the house became co-owned by both spouses (50%-50%) under ACP.

When Tom passed away, did Katy’s children inherit a portion of his share?

No. Katy’s children from her previous marriage are not automatic heirs of Tom. They would have inherited a portion only if Tom had legally adopted them. Without legal adoption, Katy’s children have no inheritance rights over Tom’s estate.

Final Answer: Who owns the house now (assuming Katy’s kids weren’t adopted)?

+ If Nichole had siblings, ownership would be shared between Katy and Nichole’s siblings.

+ If Nichole had no siblings, Katy inherits 100% of the house as Tom's legal heir.