A married man recently inherited his parents’ estate, consisting of immovable and movable property besides other investments. He is under the impression that the inheritance belongs to him alone and does not form part of the community of acquests. Is this correct? If so, would he be entitled to administer the inheritance alone, that is, without his wife’s consent?
According to law, any property, whether immovable or movable, inherited by either spouse, before marriage or after the marriage has been celebrated, shall be deemed to be paraphernal property and shall therefore pertain to the spouse upon whom such property has devolved.
Consequently, the immovable and movable property and all the other investments, which the man has inherited upon his parents’ demise, shall belong solely to him and shall not form part of the community of acquests.
Once the property is deemed to be paraphernal, then it shall be managed and administered by the heir alone, whether such administration relates to acts of an ordinary or extraordinary nature.
Now, although the property is said to be paraphernal, the fruits that may be derived from it and from any future property which may be acquired with moneys that are paraphernal, shall form part of the community of acquests.
In this respect, the Civil Code provides that the community of acquests existing between two spouses shall comprise also:
(i) the fruits of property of each of the spouses, whether the husband or wife possessed the property since before the marriage, or whether the property has come to either of them under any succession, donation or other title, provided that such property shall not have been given or bequeathed on condition that the fruits thereof shall not form part of the acquests.
(ii) any property acquired with moneys or other things which either of the spouses possesses since before the marriage, or which, after the celebration of the marriage, have come to him or her under any donation, succession or other title, even though such property may heave been so acquired in the name of such spouse, saving the right of such spouse to deduct the sum disbursed for acquisition of such property.
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