Short answer. Yes. Article 1047 is direct: a married woman of age may repudiate an inheritance without the consent of her husband. The decision to accept or renounce what she stands to inherit is hers to make on her own, without needing her husband's permission or agreement for the repudiation to be valid.

What the law says

A married woman of age may repudiate an inheritance without the consent of her husband.

Civil Code, Article 1047 — A Married Woman May Repudiate Alone. Read the full provision →

The rule, plainly stated

The Civil Code leaves no ambiguity on this point. Article 1047 provides that a married woman of age may repudiate an inheritance without the consent of her husband. A wife who has reached the age of majority does not need her husband to agree before she can turn down an inheritance. The act of repudiation is hers alone, and its validity does not depend on obtaining his approval. Whatever the couple's arrangements about their property, the choice to refuse an inheritance rests with the woman who stands to receive it.

An independent capacity to decide

The provision recognises a married woman's own juridical capacity to deal with her succession rights. Deciding whether to accept or renounce an inheritance is a personal decision about property that would come to her, and the law treats her as fully able to make it. Requiring a husband's consent would subordinate her judgment to his on a matter that is hers, and Article 1047 rejects that. The wife is the one who weighs the benefits and burdens of the inheritance and decides accordingly.

Repudiation carries consequences

Because the decision is the wife's to make freely, she should also weigh it carefully, since repudiation has real effects. Renouncing an inheritance means giving it up entirely, and, as a rule, one cannot represent a person who has repudiated, so the renounced share passes to others under the law's ordinary order rather than down to her own descendants. The freedom Article 1047 confirms is the freedom to make a binding choice, which is a reason to make it deliberately. Like any repudiation, hers must also be made in the form the law requires, and once validly made it is generally irrevocable, which is a further reason to decide with care rather than in haste.

Placing the article in context

Article 1047 is part of the broader recognition that a married woman of age acts with full capacity in matters concerning her own rights. It removes any doubt that her husband holds a veto over her decision to decline an inheritance. For a wife facing that decision, the practical point is reassuring and clear: she may repudiate on her own, and the repudiation will stand without her husband's consent, provided she is of age and acts freely.

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.