Inheritor as spouse
Who is an inheritor as spouse?- An inheritor as spouse refers to a spouse who falls under the category of inheritors, and the spouse here must be a person who is in a marital relationship under the statutes.
· Therefore, a spouse who is in a de facto relationship does not qualify as an inheritor.However, a party in a special relationship with the inheritee may be apportioned with inherited property only if there is no inheritor (Article 1057-2 of the “Civil Act”).
- A spouse will be a co-inheritor with the same priority as the lineal descendants who are first in line and if there is no such lineal descendant, he/she will be a co-inheritor as the lineal ascendants who are second in line.Meanwhile, if there is neither lineal descendants nor lineal ascendants, the spouse will be the sole inheritor (Article 1003 of the “Civil Act”).
Co-inheritance of the spouse- If any lineal descendants or lineal ascendants become inheritors, the spouse will be a co-inheritor along with the said lineal descendants or lineal ascendants.
· Therefore, the lineal descendants or the lineal ascendants of the spouse will co-own the inherited property by their respective share of inheritance.