Legal Question in Real Estate Law in Philippines

Selling a Conjugal Property

We are about to buy a house and lot in a subdivision but the owner is a widow w/o any children.

Her name is listed in the Transfer Certificate Title as spouse.

Now that her husband passed away she want to sell the property. The question is,

if she has the right to sell the property without the knowledge of the siblings of her husband? And also, is there any legal paper needed except for the death cert. and their marriage cert. for her to sell the property?

thank you very for the help

Asked on 3/16/07, 10:09 am

1 Answer from Attorneys

Reynaldo Destura Destura & Associates Law Offices

Re: Selling a Conjugal Property

The seller has to extrajudicially partitioned first the property. Without that, spouse cannot sell

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Answered on 3/19/07, 2:15 am


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