Grandfather can sell share in conjugal partnership

Grandfather can sell share in conjugal partnership " My grandmother just passed away. Can my grandfather sell their conjugal properties without the consent of their children?Carina Dear Carina,Before the effectivity of the Family Code, the regime of conjugal partnership of gains governs the property relation between the spouses in the absence of marriage settlements before the celebration of the marriage. Hence, marriages which took place before August 03, 1988 will have the said partnership as their property relation in the absence of marriage settlement between the spouses. Under the conjugal partnership of gains, the husband and the wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or partnership, the net gains or benefits obtained shall be divided equally between them, unless otherwise agreed in the marriage settlements (Article 106, Family Code of the Philippines). All the properties acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both of the spouses, is presumed to be conjugal unless the contrary is proved (Article 116, Family Code of the Philippines). We would assume that your grandparents did not execute a marriage settlement when they were married and that they are governed by the conjugal partnership of gains. As such, the properties that they acquired during the subsistence of their marriage are conjugal, unless there are proofs to the contrary. Being conjugal properties, the ownership of the said properties belong to your grandfather and to your grandmother. When your grandmother died, their conjugal partnership of gains was terminated (Article 126, Family Code of the Philippines). In the absence of proof to the contrary, their share in the properties shall be deemed to be equal. Half of the properties then will go to your grandfather as his share in the conjugal partnership and the other half pertains to your grandmother as her share. Since your grandmother already passed away, her share will be given to her husband and her children as her legal heirs (Article 887, Civil Code of the Philippines). Hence, your grandfather may validly sell that part of the properties which he owns without the consent of his children, that is, his share in the conjugal partnership and his share as legal heir of your grandmother. As owner of said properties, he has the right to enjoy and dispose of the same, without other limitations than those imposed by law (Article 427, Civil Code of the Philippines).We hope that we were able to address your concern. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/