Dear PAO,

My first wife Myrna and I married in 2010. But in 2015, she died of
cancer. Then late last year, I married Myra. Due to the depression
and longing I felt for my first wife back then, however, I was not
able to arrange for the liquidation of our properties. I would like to
be enlightened on the legal effects on my rights as to the
administration and handling of the properties of my current
marriage with Myra. Further, I would like to know how Myra and I
could administer our properties.

Carlo
Dear Carlo,

As a rule, upon termination of the marriage by reason of death, the

community property between spouses should be liquidated.
Considering that you’ve mentioned that you were previously
married to another, and that you failed to settle and liquidate your
conjugal properties after your first wife’s demise, a mandatory
regime of complete separation of property will govern the
administration of your property with Myra, your current and second
wife. This is in accordance with Article 103 of the Family Code
which governs the property relations between spouses, which is
written in this wise:
“Art. 103. Upon the termination of the marriage by death, the
community property shall be liquidated in the same proceeding for
the settlement of the estate of the deceased.
“If no judicial settlement proceeding is instituted, the surviving
spouse shall liquidate the community property either judicially or
extra-judicially within six months from the death of the deceased
spouse. If upon the lapse of the six months period, no liquidation is
made, any disposition or encumbrance involving the community
property of the terminated marriage shall be void.
“Should the surviving spouse contract a subsequent marriage
without compliance with the foregoing requirements, a mandatory
regime of complete separation of property shall govern the property
relations of the subsequent marriage. (n)” (Emphases supplied)
As can be gleaned from the facts given and the aforementioned
provision of law, the community property from a previous marriage
is terminated by death, such as in your case; and is required to be
liquidated in order to identify and separate your share from the
property left by your wife. Prior to the completion of the liquidation
and partition of you and your wife’s community property, any
disposition of the said property is void according to law since you
have yet to physically identify which part specifically belongs to you
or your wife.
Further, it bears stressing that your failure to liquidate your
previous community property causes the application of the regime
of complete separation of property in your second marriage with
Myra. This is required by law in order to protect the unliquidated
properties of your first wife by preventing their inclusion to the
properties of your new marriage.
On the other hand, as to the manner of administration of properties
under this regime of complete separation of property, Article 45 of
the Family Code specifically provides that:
“Art. 145. Each spouse shall own, dispose of, possess, administer
and enjoy his or her own separate estate, without need of the
consent of the other. To each spouse shall belong all earnings from
his or her profession, business or industry and all fruits, natural,
industrial or civil, due or received during the marriage from his or
her separate property. (214a)”
“Art. 146. Both spouses shall bear the family expenses in
proportion to their income, or, in case of insufficiency or default
thereof, to the current market value of their separate properties.
“The liabilities of the spouses to creditors for family expenses shall,
however, be solidary. (215a)” (Emphases supplied)
Applying the foregoing provisions of law in your current situation, it
simply states that under a complete separation of property, you get
to exclusively keep and manage the properties and earnings which
you brought into your current marriage without interference from
your second wife, Myra. However, with regard to the payment of
family expenses, both you and Myra will share on the charges, in
proportion to your income or to the value of your separate
properties. In addition to this, you and Myra will also be solidarily
liable to your creditors with regard to the family expenses.
Simply put, while you and Myra will have a complete separation of
property, you separately enjoy each of your own properties, and
both of you will still share the obligation in the payment and
charges for your family expenses.
We hope that we were able to answer your queries. Please be
reminded that this advice is based solely on the facts you have
narrated and our appreciation of the same. Our opinion may vary
when other facts are changed or elaborated. We hope that we were
able to enlighten you on the matter.