Estate with Surviving Spouse and Parents

Someone asked me, "I have a friend who...

died without any child. The widow is selling their family home and going abroad. But the parents of the decedent claim that the widow does not have the right to sell the house since the property was bought by their son from his earnings as a doctor.  Who is right?" 

My answer is the parents in law of the widow are partly correct.

While the property was purchased by the son alone during the marriage, by application of the absolute community of property under the family code, the widow can claim her right to half as her share in the community of property.  The other half is part of the estate of the son. The estate must be divided between the widow and the parents.

In cases where there are no descendant, Art. 997 of the Civil Code provides that, "When the widow or widower survives with legitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half."

Therefore the property is owned 75% by the widow and 25% by the parents. The parents co-own the property and any disposition without liquidation is void. The parents will also have the right of redemption as a co-owner.