Inheritance Received during the Marriage

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

received a house n lot as inheritance from his father many years after getting married. Is his wife entitled to a share of it if they separate after getting the inheritance?"

My answer is No, his wife will be entitled to a share of the inheritance that was received from the father after getting married. 

The law provides that in case of marriages celebrated on or after August 3, 1988, the default marriage property regime is the regime of the Absolute Community of Property. The law also provides that in the regime of Absolute Community of Property, the husband and the wife become co-owners of all the properties that they bring into the marriage and those acquired by either or both of them during the course of their marriage, except those acquired gratuitously. 

When one inherits a property during the marriage, it is not deemed part of the community property since it is acquired by gratuitous title as provided under Article 92 of the Family Code. It is not part of the community property since it was acquired by gratuitous title much like donation. 

The exception is when the testator (the person who gave you the property through a last will) expressly provided that the property is being given to both the husband and the wife and will be part of the community of property.

Modified from the Final Exam Query Submitted by Clark Rosales