Ever thought your parents were divorced for 20 years—only to find out after your dad’s death that, legally, they were still married in the Philippines?
You would be surprised—and maybe even shocked—by how complicated estate issues get when they involve different countries and tangled family situations. This story is something many Filipino-Americans will definitely relate to.
Family Background
I was asked to settle the estate of a Filipino-American dual citizen who passed away while retiring in the Philippines. What made this situation complicated was the deceased’s marital status and property ownership. Years ago, when both the deceased and his then-wife were still Filipino citizens, they bought several real estate properties together in the Philippines.
Later on, the couple moved to the United States, where they became Legal Permanent Residents (Green Card holders) and started a family. They had a child who is now an adult. During their time in the U.S., the couple went through a difficult divorce in Texas and the deceased ex-spouse was awarded the properties in the Philippines. From their perspective, the divorce was final, and they both moved on with their lives. The ex-spouse remarried, while the deceased did not. The latter retired in the Philippines.
However, here’s where things get complicated: the divorce they obtained in Texas isn’t recognized under Philippine law. The Philippines does not recognize foreign divorces if both parties were still Filipino citizens at the time the divorce was granted. Because of this, according to Philippine law, they were still legally married even after their divorce in the U.S.
This story echoes with many Filipino-Americans who face similar challenges involving dual citizenship, property rights, and differing legal systems between countries.
Sadly, But True
This legal technicality has significant consequences for settling the estate. Since they are still considered married under Philippine law, the ex-spouse has a legal claim to the properties they jointly owned in the Philippines. This surprising fact often shocks many Filipino-Americans who believe their U.S. divorce automatically applies in the Philippines.
Because the Texas divorce isn’t recognized, the couple remains legally married in the eyes of Philippine law. This affects inheritance rights, property ownership, and the rights of heirs.
Since the ex-spouses bought properties together while still Filipino citizens and legally married under Philippine law, those properties fall under the Absolute Community Property (ACP) regime—unless there was a prenuptial agreement, which there was none in this situation. Under ACP, all property owned by either spouse before marriage or acquired during marriage is considered conjugal property, meaning both spouses have equal rights to these assets.
The surviving ex-spouse, who has since remarried, is still legally married to the deceased according to Philippine law and thus retains spousal rights. The couple’s child, also a dual citizen, is likewise an heir.
Settling the Estate
Since the deceased remained legally married to his ex-spouse at the time of his death, we had to include the surviving ex-spouse in the estate settlement. Our first priority was to locate her, which proved to be a challenging task. The surviving son reached out and tried to convince her to voluntarily renounce her inheritance rights and allow him to inherit the estate instead.
This negotiation took time and delicate handling, as it wasn’t an easy request. If the ex-spouse had decided to fully claim her legal share of the inheritance under Philippine law, the settlement process would have become much more complicated and potentially contentious. Her cooperation helped avoid a lengthy legal battle, but the situation highlighted how complex estate matters can become when family ties and cross-border laws intersect.
What This Means for Families in Similar Situations
If you or someone you know has a foreign divorce but remains a Filipino citizen at the time, be aware that Philippine law may still consider you married to your spouse in the Philippines. This affects estate settlements, property ownership, and inheritance rights.
It’s essential to get legal advice early on to avoid conflicts or delays when settling estates. Extrajudicial settlement can still be done, but it requires careful legal planning.
Don’t assume foreign divorces automatically apply in the Philippines. Understand your legal status and how it impacts your rights and responsibilities, especially concerning property and inheritance.
If you face a similar case or any concerns about estate settlement, it is best to consult an attorney who handles matters like this.
Stay informed and protect your rights!
