Husband's inheritance is paraphernal property

A married man recently inherited his father's estate, which comprises both immovable property, and various financial investments. He is under the impression that the estate, which he inherited, pertains solely to him and does not form part of the community of acquests. Consequently, he is entitled to administer the investments and property alone without his wife's consent.

Is he entitled to administer and manage the estate which he inherited alone (that is, not jointly with his wife)? Do the proceeds from any sale or transfer of the inheritance still pertain solely to him throughout the marriage?

Primarily, it is being presumed that the couple are married under the matrimonial regime of the community of acquests and consequently, all the property that either of the spouses possesses and all the income that both spouses earn pertains to this community and is managed and administered jointly.

According to law, where the community of acquests operates between two spouses, all the property (movable and immovable), which the spouses or one of them possess or possesses, shall, in the absence of proof to the contrary, be deemed to be part of the acquests.

As a result of this type of matrimonial regime, the extraordinary administration of the property pertaining to the community or any acts or compromise in respect of such property shall vest in the spouses jointly.

The relative sections of the Civil Code provide a list of what constitutes the community of acquests and in terms of law, all property that does not fall under this list and all such property, which is deemed to be dotal, shall be regarded as paraphernal property.

Paraphernal property is therefore property which falls outside the community of acquests and the management of any paraphernal property shall appertain exclusively to the spouse to whom such property belongs.

The husband is right in understanding that the property, which he has inherited, is his paraphernal property. In fact, the law provides that property, whether immovable or movable, inherited by either spouse, before marriage or after the marriage has been celebrated, shall be deemed to be paraphernal and shall therefore pertain to the spouse upon whom such property has devolved.

Consequently, the immovable property and the investments, which the husband has inherited upon his father's death, shall belong solely to him and shall not form part of the community of acquests. Furthermore, this property shall be managed and administered by him alone whether such administration relates to acts of an ordinary or extraordinary nature.

With respect to the proceeds from the sale of paraphernal property and any future property that may be acquired with funds that are paraphernal, these should form part of the community of acquests.

In this regard, the law provides that the community of acquests shall comprise also the fruits of property of each of the spouses, whether the husband or wife possessed the property since before the marriage, or whether the property has come to either of them under any succession, donation or other title, provided that such property shall not have been given or bequeathed on condition that the fruits thereof shall not form part of the acquests.

Finally, the community of acquests also comprises property acquired with funds or other assets which either of the spouses possesses since before the marriage, or which, after the marriage, have come to him or her under any donation, succession or other title, even though such property may have been so acquired in the name of such spouse, saving the right of such spouse to deduct the sum disbursed for the acquisition of such property.

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