Short answer. Half each. Where a husband dies without children and his legitimate parents or ascendants survive, Article 997 gives the surviving spouse one-half of the estate and the parents or ascendants the other half. But the estate means only what was his, not everything in the house.

What the law says

the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half

Civil Code, Article 997 — Spouse With Parents or Ascendants. Read the full provision →

The rule, and when it applies

Article 997 states the division plainly: the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half. This is a rule of intestacy, which means it operates where your husband left no will, or left one that does not dispose of everything. If he did leave a will, the starting point is what the will says, subject to the protected portions the Code reserves for compulsory heirs. So the first question is not the fraction; it is whether a will exists.

The estate is smaller than you think

This is where most people go wrong. The half in Article 997 is a half of his estate, not a half of the property the two of you held. Before anything is divided among heirs, the property regime of the marriage has to be liquidated: the conjugal or community assets are settled, the obligations chargeable to them are paid, and your own share as a spouse is set aside as yours. Only your husband's remaining share is the estate. You therefore keep your own portion outright and then take one-half of what is left, which is why the parents' half is usually much less than half the house.

Which parents, and which ascendants

The article speaks of legitimate parents or ascendants, and they are reached only because there are no children or descendants. Article 985 puts it in terms of default: parents and ascendants inherit in the absence of legitimate children and descendants, and to the exclusion of collateral relatives, so your husband's brothers and sisters take nothing while a parent lives. Within their half, Article 986 has the father and mother inherit in equal shares; if only one of them survives, that half goes to that parent alone. If both parents are gone, Article 987 sends it to the nearest ascendants in degree.

What settles it on paper

Gather the marriage certificate, his death certificate, and the titles, bank records and vehicle registrations showing what stood in his name or in both names and when it was acquired, since date of acquisition often decides whether an asset is his exclusively or part of the community. Look for a will, and for any earlier deed of donation or sale that has already moved property out of the estate. Whether you and his parents can settle among yourselves or need to go to court depends on what turns up, and that is the point at which a lawyer can be useful rather than premature.

Related provisions

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.