How to Subdivide Land Properties in the Philippines

Legal Ways for Land Subdivision in Filipino Families

Under Philippine law, there are conditions when splitting up property among heirs after the original title holders have passed away. However, you only need to follow four steps to subdivide a lot left by your parents. In this article, we will answer two of the most common questions that Filipinos have regarding land subdivision, who will inherit the property if the owners don’t have children and if a married couple both have rights in an inherited property.

4 Steps to Subdivide a Land PropertySubdividing a one-hectare lot or more among heirs is not as difficult. There are only four easy steps to do this:

Step 1: Go to the DENR office near you. Make sure you already have the subdivision plan from a geodetic engineer who will subdivide the lot. After a few days, they will approve the lot plan and let you know when you can come back to get the approved copy. Then, you can get the sepia, blueprint, technical description, and the approved subdivision plan.

Step 2: Go to your lawyer. Ask for a Letter of Request to Subdivide addressed to the Registry of Deeds and have it notarized.

Step 3: Proceed to the Registry of Deeds. Submit all the documents from the DENR, a notarized letter from your lawyer, a tax declaration, and a Certificate of Non-delinquency. Pay for the registration fee once all the requirements are completed. You will receive a claim slip where the date of release for the subdivided titles will be released.

Step 4: Go to the Assessor’s office. Here, the staff will inspect the individual titles and assess them before issuing a new Tax Declaration.

Is Inherited Lot Conjugal or Exclusive Property?Do married couples have equal claims in an inherited lot? No. Under Article 91-92 of the Family Code, Filipinos who marry without a prenuptial agreement will share all their assets acquired before and during marriage as conjugal properties, except for inheritance such as land property. While you’re married, the lot you inherited will remain your exclusive property since you are the heir, not your spouse. Inherited properties only belong to the legitimate beneficiary of the decedent and, hence remain an exclusive property. This law applies to couples who were married after August 3, 1988.

Who Inherits the Properties of Childless Decedents?If a person who doesn’t have children dies, who gets the estate? The answer is quite simple. If the spouse and parents are still alive, they will share the properties according to Article 997, Civil Code of the Philippines. If the parents are dead but have a surviving spouse and illegitimate children, they both have equal claim to the properties according to Article 998 of the Civil Code. Now, if the parents and spouse are still alive, and there are illegitimate children, the parents will get 50%, while the remaining 50% will be equally divided between the spouse and illegitimate children according to Article 1000, Civil Code.
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If you have questions regarding land subdivision, please don’t hesitate to contact us. We will immediately respond to all your concerns.

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