Quick answer

When one spouse dies, the surviving spouse has significant rights arising from two distinct sources that must not be confused: their share in the property relations of the marriage, and their inheritance from the deceased. First, upon the death of a spouse, the property regime (absolute community or conjugal partnership) is dissolved and liquidated; the surviving spouse is entitled to their one-half share of the net community or conjugal property, which is theirs by right and does not form part of the deceased's estate. Only the deceased spouse's half of the community or conjugal property, plus their exclusive or separate property, makes up the estate to be distributed to the heirs. Second, the surviving spouse is a compulsory heir of the deceased and is therefore entitled to a legitime, a portion of the estate reserved by law that cannot be impaired by will. The size of the spouse's legitime depends on who the other heirs are (for example, it differs when the spouse concurs with legitimate children, with legitimate parents, or with illegitimate children), and in intestate succession the spouse also inherits together with the other intestate heirs in the shares the law provides. Beyond these, the surviving spouse may have other protections, such as the right to remain in the family home, and preference in the administration of the estate. It is important to distinguish the spouse's property share (which is not inheritance) from their legitime (which is inheritance), because the estate to be divided is only the deceased's portion. So a surviving spouse first takes their own half of the marital property, and then inherits a legitime and an intestate share from the deceased's remaining estate.

Two Distinct Sources of Rights

A surviving spouse's rights come from two separate sources: their share in the marital property, and their inheritance from the deceased. These must not be confused.

The Property Share (Not Inheritance)

On death, the property regime is liquidated, and the survivor takes their one-half of the net community/conjugal property by right — this is not part of the estate. Only the deceased's half plus their separate property forms the estate.

The Inheritance (Legitime + Intestate Share)

The spouse is a compulsory heir entitled to a legitime that cannot be impaired by will, its size depending on the other heirs. In intestacy, the spouse also inherits in the shares the law provides, and may have the right to stay in the family home.

Practical Takeaways

Frequently Asked Questions

What does a surviving spouse get when their partner dies? First, their own one-half share of the net community or conjugal property upon liquidation of the property regime, which is not part of the estate. Second, an inheritance as a compulsory heir, including a legitime and an intestate share.

Is the surviving spouse's property share part of the inheritance? No. The surviving spouse's one-half of the community or conjugal property belongs to them by right and is not part of the deceased's estate. Only the deceased's half plus their separate property is distributed to heirs.

Is the surviving spouse a compulsory heir? Yes. The surviving spouse is a compulsory heir entitled to a legitime, a reserved portion of the estate that cannot be impaired by will, whose size depends on the other heirs who concur.

Can the surviving spouse stay in the family home? The surviving spouse generally has protections regarding the family home, which continues to be exempt within limits and benefits the surviving spouse and the family after the death of a spouse.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.