Money is [one of] the root[s] of all kinds of relationship problems, says an article at the Family Relationships site. In my modest years of law practice, I can say that among the most bitter confrontations (in and out of court) relate to property/money/inheritance issues between members of the family.
Under the Family Code of the Philippines, property matters between the husband and wife are set forth in relative detail, e.g., the forms and requisites of a marriage settlement or ante-nuptial agreement, donations by reason of marriage, the “default” property regime of absolute community of property (vis-a-vis separation of property, and conjugal partnership of gains), support for the spouse and the children, and the effects of legal separation and annulment of marriage on the spouses’ properties. I’m still trying to decide if I should further discuss any of these topics (also, the rules on succession/inheritance are treated in other laws/issuances, and may be discussed separately in other entries).
For this entry, allow me to focus on something that appears to be increasingly common nowadays — the “live-in” relationship, also called “common-law marriage“. This is governed by Article 147 of the Family Code, which reads:
Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.
In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former’s efforts consisted in the care and maintenance of the family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation.
When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.
The Family Code (Art. 147) recognizes, and expressly governs the property relations in, the relationship where a man and a woman live exclusively with each other just like a husband and wife, but without the benefit of marriage (or when the marriage is void). It is required, however, that both must be capacitated, or has no legal impediment, to marry each other (for instance, couples under a “live-in” relationship will not be covered under this provision if one or both has a prior existing marriage). In this situation, property acquired by both spouses through their work and industry shall be governed by the rules on equal co-ownership. Any property acquired during the union is presumed to have been obtained through their joint efforts. As to the homemaker, or the one who cared for and maintained the family household, he/she is still considered to have jointly contributed to the acquisition of a property, even if he/she did not directly participate in the property’s acquisition.
How about if one or both partners are not capacitated to marry, as when one (or both) has an existing or prior marriage which has not been annulled/declared void? This is covered under Art. 148 of the Family Code, which reads:
Art. 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.
If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith.
In other words, under Art. 148, only the properties acquired through their ACTUAL JOINT contribution of money, property or industry shall be owned by them in common (in proportion to their actual contributions). There is no presumption that properties were acquired through the partners’ joint effort. Please also note that if one has a prior marriage, his/her share shall be forfeited in favor of that previous marriage (as an aside, the children under the second relationship shall be considered as illegitimate).
So, as previously stated in this Forum, put your (first) house in order first. No need to rush; love is patient. It can wait. [See also Domestic Partnerships and Cohabitation Agreements in the Philippines]
how about if the petitioner is a Japanese national with a prior marriage to a filipina which has not been annuled? is he entitled to get any share from the business and properties acquired during his cohabitation with the defendant (filipina mother of 2)? all loans used for the properties and businesses are made by the defendant. Cash used are from the investors who are enjoying privileges which are being given by the defendant.
Hi i have common law husband for 8 years.. my commonl law husband was married legally(court wedding) but he found out her wife infidelity… his ex wife work in macau and did not go home for straight 6 years and he found out that his ex wife having an affair with his kumpare/ neighbor and they both apply for a job in macau to hide theeir relationship…. we have plan for church wedding next year . Do you ghink church and court allow us?
No, it can’t be. No succeeding marriages shall be valid without first securing annulment or order from the court. Without this annulment order, any succeeding marriages shall be null and void.
Agnes, it really isn’t clear in what capacity is the Japanese a “petitioner” and the Filipina a “defendant”. It’s also not clear if there are two separate relationships (with the use of the terms “prior marriage” and “cohabitation”). There are so many questions that must be answered – but I can’t ask (and please don’t answer) because this is not allowed in this site (please see Terms of Use). I hope you understand.
Is having a live-in relationship or common law marriage between a public school teacher and his girlfriend a ground for dismissal in public service?
Atty. Fred, magandang araw po sa inyo. Ako po ay may kinakasama sa loob ng 3 taon at 5 buwan. Sya po ay may anak sa una ngunit hiwalay n po cla. Ako po ay kanyang iniwan sa kabila po ng hindi ko pagpapabaya sa pamilya, lahat po ng pangangailangan namin ay naibibigay ko po pati po ang mga luho nya sa sarili nya ay naibibigay ko din po at nagbibigay din po ako ng pera para sa anak nya sa una. Ang dahilan po nya kaya nya ako iniwan ay dahil nagbibisyo daw po ako at yun po ay walang katotohanan at hindi po nya nakita kahit minsan na ako ay nagbisyo naiisip lamang po nya iyon at ibinibintang sa akin dahil may kaibigan po ako na nagbibisyo ngunit hindi naman po tama na pag isipan nya ako na nagbibisyo din dahil hindi po totoo yun. Gusto ko po sya kausapin at linawin po ang lahat ngunit ang mga magulang nya po ay humahadlang na mag usap po kmi. May karapatan po ba ako para makausap ko po sya? Maraming salamat po.
Sir how about for the benefits of deceased husband ,is there any way to be declare my mother as the pensioner without marriage? pls i need your advise about that I want my mother to pension for the sake of my late father they need financial assitance because my father is only the one who provide their needs
what happens in this situation:
man was previouly married and civil annullment is pending for the last 20 or so years (this was not disclosed to 2nd wife), church annullment document was provided and woman marries the man.
now the man wants leave the current wife to be with another woman after 18 years. Man tells woman that ‘supposed marriage’ is invalid since anullment was not final (man shows up in NSO with 2 marriages) and woman does not have a right on the conjugal propery’. what kind of rights does the woman have with regards to property that came out of the 18 years of cohabitation? and what are appropriate next steps?
Kat, I added the full text of Article 148 of the Family Code in the post above. You’ll find the answers there.
do i have the right to ask for financial support with my x live in partner? im still 3 mos pregnant? what should i do? he must be the responsibilty of having a baby.. hope u can help
do i have the right to ask for financial support with my x live in partner? im still 3 mos pregnant? what should i do? he must be feel the responsibilty of having a baby.. hope u can help…
Hi Atty Fred,
I have an Aunt, she lived with this man for 20 years out of wedlock, because the latter have a prior legal marriage. Now, the man died, left in a bank is a certain amount of money. I would just like to know if my aunt has legal rights to claim the money to the bank, if yes, what do we need to do to have the bank aggreed on this process. Thanks in advance for your reply. =)
Jzol,
Thank you. First off, I’m prohibited from giving any legal advice, so let’s limit this to giving you legal information. As discussed in the article, only the properties acquired by both parties through their actual joint contribution of money, property or industry shall be owned in common in proportion to the respective contribution. In the absence of proof to the contrary, the sharing is equal. I’m sure that if you ask your bank about this, they will refer that question to their lawyers. I suppose they would say that since the account is under the name of the guy (not a joint account), then it goes to him or to his legal heirs (and that would be the legitimate family and the illegitimate children). Just try to ask the bank and check what they would say. Thanks.
Jane,
In general, a father (regardless of whether the child is legitimate or illegitimate) is under obligation to give support.
Hello, i am Ann,
I am pregnant with my ex. What should i do to make him accountable for this?
Hi Ann, please read this article: https://pnl-law.com/blog/legal-support-child-ra-9262/
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Hello Atty. Fred,
does a common-law marriage start with day 1 of living together i.e. in a commonly rented apartment or as of what point? And by what – aside from evident separation – is such a common-law marriage interrupted? I´m asking due to a European friend moving in but also being gone for months to work elsewhere (outside Philippines)? Thanks for your reply.
Ms.A, there’s no exact time provided, bt the phrase “live exclusively with each other” will give yoU an idea. Good luck.
Hello Atty. Fred,
If a couple only got married because the woman was impregnated (they weren’t together officially when it happened) and later on, half of the couple realized that the marriage was a mistake and she’d like to cohabit with another man, is that grounds for annulment? If the husband and wife have agreed to live in separate homes and the wife decides to live with another, is that acceptable?
Thank you in advance for your response.
hi, atty, fred,
a man legally marriage with woman A, and after 5 years, he living together with woman B.
in the next 30 years.
he has two houses, one for woman A, one for woman B, and he stays with woman B about 80% of the days, 20% with woman A.
now he dead, no will, woman A has children with the man, woman b has no children.
children of woman A, woman A, and woman B are all alive now
from your article, i think woman B are in common law marriage with the man, and woman A is in a normal legit marrage. the code said the property should be shared equally between the husband of wife.
but he got twi wifes, so how should the properties under his name shared/ inherited ?
The common law partner is only applicable to those who are single and not yet legally married.
How about po yong asawa ko nag balik islam then nagpakasal sha ulit tapos mayroon dilang anak valid po ba ung kasal nla? Christian pa po sha nong nagpakasal kami.
in the separation of live in partners.. what are the rights of the common children? can the properties be divided equally including the children? or the common children can only demand financial support?… what if the father have no job and the only support he could give are the monies he could get from the separation?…
I just wanna ask. I was married when i was 16 years old. And i know this is void. My wife (then) and I seperated after 3 years of marriage. Because of reasonable circumstances.
After 10 years. I married my present wife with 3 kids. And So does she..without filing any annulement papers. But both of us agreed that it will be taken care soon.
My question is.
My present marriage was administered in Manila. Can I register them to the NSO?
Hi Atty. Fred
I would like to know if I need to change my last name after getting married on my legal documents? Do I really need to change my last name on those?
Thanks for the help
Ruth
Hi Attorney, Is common law status applicable for same sex couples in Philippines? thanks
Hi atty. Fred,
My ex-husband and I are separated for 7 years,my ex has a live in partner ,and I have a live in partner too..we have two children ryt now.pwede po Ba kaming I kasal ng live in partner ko ngayon??
Hello Atty Fred,
This part of the law has me confused as to its meanting:
[blockquote]If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage.[/blockquote]
So if I’m living with a Filipina and we split up does that mean property can go to her husband?
That’s what it looks like it means.
Gud pm po Atty.,
Ask ko lang po sana kung may karapatan po ako sa lahat ng bagay at properties pati sa pera ng ka live-in partner ko ngayon? May 2 po kaming anak at may 2 rin po syang anak sa una nyang ka live-in pero hiwalay na po sila.Magkasama po kaming lahat sa isang bahay.Hiwalay na rin po ako sa una kong asawa,kasal po kami pero wala po kaming anak at hindi rin po na-annul yung kasal namin dahil wala pong pera at hindi narin po kami nagkita pa. Madalas rin po kami mag-away at lagi rin po ako sinasaktan ng kalive-in ko at ang dahilan ay yung mga anak nya sa una.Ako po lagi yung sinisisi nya sa pag-aaral pati sa asal ng mga anak nya sa una.Kami lagi ng mga anak namin ang buntunan ng galit nya. Palamunin lang daw po ako at lumagay daw ako sa lugar.Sa bahay lang po ako at sya po ay dating OFW pero finish contract na po kaya parehas po kaming jobless ngayon. Bumalik na daw po ako sa asawa ko at sya raw ang dapat na bumuhay sakin at hindi sya. May karapatan din po ba ako na disiplinahin ang mga anak nya sa una? Nahihirapan na po ako,ano po ang nararapat kung gawin?Tulungan nyo naman po ako. Nagpapasalamat po ako sa magiging payo nyo. God bless po and more power..
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my brother have a 4 years live-in partner without a child.Prior to this relationship both of them are married. Now he wants to end up the relationship with her.But the woman is threatening him.My brother is presently working in abroad he is coming back for vacation. According to the woman she will make a way that the immigration officer will hold him for the case she filed.My question is What cases to be filed by the woman to my brother?What my brother will suppose to do?
Dear Atty,
Can you please help me with this concern? Can a person name his live-in partner as his beneficiary for his insurance benefits and the like, in case of his death?..For instance, the person stated in his card/contract the name of his live-in partner, will the court honor this?..
Thank you and hoping to hear from you soon.
i am 22, living with someone(british) else for 16 months now.. he wanted us to separate but i dont want to agree. is there anything i can do?.. he had been separated on his wife(filipina) since 2006. they are legally married.
al i want to know is that, can i do anything or is there anything i can hold to to tell him that we can’t split even he likes. Honestly, i dont like us to be separated.
please give me some dvice. thanks
hello atty!
i am in a live in relationship. i am pregnant and i am currently employed. we could not have the marriage because of his prior marriage. would i be expelled from my work? if they will terminate me, is that not a violation for the magna carta for women?
thanks a lot atty!
Waiting for your response. please.. thanks
Hi Atty. Fred!
I know its a way out of your topic? but I would just like to seek your advise, if it is possible for me to marry my Fiancee here in Philippines even if he’s currently in Saudi Arabia for his work.His contract is 2 years, and the only way that he can bring me there is if we are officially married. Is there a way we can get married even if he’s there? thanks in advance…your response will be very much appreciated:)
Good day Atty. I would just like to ask what if the unmarried couple with their child is living together with the man’s family? That is not “exclusively” living right? As per Common Law Marriage, the unmarried couple should be “exclusively” living together. Are they still governed by co-ownership?
And what about if the man is working abroad and the woman and the child is living with his family are they still covered by co-ownership? Thanks in advanced
Charles
Good Day Atty,
we are about to get a slot in a housing program but one of our requirements is to have a certificate of cohabitation, since we are not married, but we are planning to be wed by next year..
how and where can we get the said certificate?
thank you in advance..
gud day just want to ask about my live in partner,she working in japan for 8 years and we have 3 kids im the one to care my sons and daughter in short im a house husband and a businessman now we decided to seperate what is my right to our properties?all invest money is from her but im the one who manage everything..
just want to know my rights pls help me tnx…
???????
Hi Atty. Fred,
My husband and I are separated (not legally though) more than 3 years now. He’s living with his concubine with their 2 kids in our previous apartment. Me and my kids stay in our conjugal home. We acquire a car during our marriage however he took it when he left us. He sold the car without my knowledge and bought a second hand car. Can I still consider the car conjugal property? do i have a right to that car even if it’s not under our name?
In case he acquires debt (credit card debt, etc) will i be liable to pay even if we are already separated?
Good day po. 4 po kami magkakapatid 3 po may asawa na taz ung mother (60)ko po meron siya na maliit na bahay 10 houses away sa bahay ng ate ko. taz meron po siya pinatira sa bahay niya na senior citizen na lalaki kc nakiusap po na makitira pansamantala habang hindi pa nakalipat at napaayos ang bahay ng anak ng lalaki 4 houses away lang din sa bahay ng mother ko.Hindiko po alam kung ano ang set up nila,maliban na magkasama sila sa iisang bubung. Basta po ung lalaki walang trabaho, walang pension,walang source of income.mother ko po lahat ang nagbabayad ng lahat ng expenses ilaw, kuryente, basic needs nila. Several years had passed nagkasakit ung guy tapos sabi ng mother ko kuhanin na siya ng mga anak niya kc tinatakot na siya na kung ano daw po mangyari sa lalaki ipapapulbos niya ang mother namin sa mga anak niya na madami din pala malapit din sa bahay ng mother namin…hanggang sa nagkabaranggayn na sila…iyong maliit na bahay po ng mother ko nadagdagan po iyon ng 15sqmat ang rights nakapangalan lang po sa mother ko at pinataasan ko po lahat ng expenses akin… Ngayon po un iyong claim ng matandang lalaki na dapat hatiin daw po iyong bahay na yan… dapat daw po kalahati po iyong kanya… please help.. Thank you and God bless…
Hello po atty. fred,
gusto ko lng po magtanong, live in partner po kami 8 yrs. dito sa pilipinas may 8 yrs. old na po kaming anak at buntis po ako ngaun.,, at last year po nalaman ko po na may kabit xa kawork po nya.,, pwede ko po ba silang sampahan ng kaso kahit hindi kami kasal?? o ano po ba pwedeng kong gawin?? umaasa po akong matotolongan nyo po ako tungkol dito.,,, maraming salamat po.,,
Hi ATTY Fred can my common law partner for 12 years be acknowledged & be entitled with the medical benefits from the company health card as my legal dependent?
Dear Attorney,
My partner and I have been living together fr almost 8 years now. We already have a son who is 6 years old now but are not yet married because he has an F2B petition from his father. the petition is for 21 and above unmarried son of a permanent resident of US. Now, we wanted to engage into commonlaw marriage but is afraid of the status of his petition. If ever we agree and act as common law husband and wife, will his petition to migrate in US be invalid?
Hoping for your advice. Thanks in adnvace. 🙂
Atty. Fred
What is my legal right as a common law partner of a man who working outside the philippines. He already acknowledge my child and giving us a financial support. Lately we’re always arguing about his activities. He keeps on telling me that i don’t care whatever he does or doing. And he will stop supporting us. He’s visa is on process. Do i have the right to deport him back to the phils.? And what else my legal right?
Gooday sir,
what if my girlfriend turning at age of 25 is she needed a parent consent?i am turning also 27 yrs old but the problem is their family are not allowed me to marry their daughter but we love each other but the family they dont like me are we allowed to marry each other in the civil wedding? even the girl dnt have her family beside her?pls i need u’r reply regarding this matter thnks and god bless u always sir
Hi atty .
My friend is not annulled yet. Now, he is with his partner for 10 years. They have properties but under the name of my friend only. Now he wanted to that if he died his partner will be the er of the property. What shall my friend do so that his wife can’t get the property? Any legal remedy?
Hello Atty.
I entered into a common law relationship with my girlfriend when starting on the day she told me she was pregnant with our son. But 8 months later, i migrated to Canada as a Permanent Resident. Every year though I would go to the Philippines for 6 to 8 weeks and in all instances, i lived with her and our son. Is this classified as common-law? Thank you.
hi atty Fred.
i have a live in partner and we have a baby
my partner cheated on me..
she have onother man.
she always drink with someone i dont know who
they said she used marijuana
our baby is on their side..
may son has been brainwashed..
can i have the rights to take care on my child?
hi atty. fred,
we are living together and has 2 children.. but my partner doesnt have a job.. if ever i want to get separated with hhim.. do i have the right to ask for financial support for my kids?
Hi Atty. Fred,
Sorry for the inconvenience but just want to ask you about my current situation, and I hope that you could help me atleat an idea of what to do and what will happen.
I am a filipina, living here in Philippines. I have a live in boyfriend. He is from Australia, but he does not have a Philippine residency visa. He just come visit me or his friends here in Ph For 5 days maximum 2 weeks.
We have this apartment. We both signed a contract from the developer and I am currently staying in this apartment. I have all the agreement papers with my signatures,documents etc. But my boyfriend is the one who is paying for the apartment through bank finance but without my name joint in it.
Now, we are separating because he has found someone else.
My question is, do I own anything from this apartment? He broke me mentally and emotionally, do I have the right to keep the other half of this ownership of the apartment? Or I may have to surrender all to my boyfriend? and or whatever happens he could still have everything back because he is the one who’s for it.
By the way, the apartment is still notfully paid yet. Still got 1 more year to finish paying it off.
Awaiting for your kind suggestions, and response.
Respectfully yours,
Mar
Dear sir I want to registered affidavit of couple living together in Philippines
would you please inform me where I can do that
Dear atty. fred,
It states there that couples should “live exclusively” to be considered for common law marriage. If the couple is living on the house of the male’s parents or female’s parents while the parents are still living there is it still considered as common law? If we’re going to base it on the official meaning of “exclusive” it certainly is not living exclusively but it might be different in an attorney’s view if there are still some points which are to be considered. Please share us your views, thanks in advanced and for all your effort in answering a lot of questions you have my utmost respect.
How can we change the beneficiary of a man who has a live in partner for 10 years (not married)with 3 children. Now the man is legally married to another woman and wants to change the beneficiary as the legal wife (remove the ex) when they submitted before a fake marriage contract.
hi Atty Fred,
if a filipina and a foreigner got married here in the Philippines but had their divorce abroad and the foreigner is now living with someone else(also filipina) ,does the new live in partner violates any law?because the ex wife and the foreigner are still not annulled here in the philippines.how about the property named under the live in partner?does the first wife has the right to claim it?also they’ve got two kids..
thank you…
What if the couple separates and agree that the man buys out the woman’s share in the condo they own in installment? What kind of legal document should be made between them so the woman will be protected and will have sole possession in case the man defaults in his payments? thanks!
hello,,atty.
ako po ay iniwan ng asawa ,7 years na po,,di na umuwi since ng abroad,,walang sustento sa tatlo kung anak,,..sa ngayon may naka live in po ako isang binata,,isa syang seaman,,,we live together for 4 years now,nais kong mgtanong bilang common law wife nya,may karapatan po ba ako sa sweldo nya?o anung dapat ko gawin na live in kami peru kahit sa mga sahud nya d naman nya sinabi at saakin,lalo na rin kung may mga plano sya d rin nya ipgsabi sa akin.Anu ano po ba karapatan ko bilang live in nya?ano dapat kong gawin dito?sana po maliwanagan ako dito….salamat po,,anticipating for your friendly advise po.
The father of my two children used to receive monthly pension from SSS. He is a widower. We never got legally married. Then just recently , SSS stop giving his monthly pension because they say he has remarried already. We are no longer together but he uses his pension to support the children.How do you define “remarried”? Can SSS really stop giving him his monthly pension despite us not being married?
Hi Atty. Fred,
I have been separated from the woman I married since 2007 and we are undergoing the annulment process. I now have a live in partner who has the same situation, undergoing an annulment process from her previous marriage. We are now expecting a baby, the question is? When the baby comes out, what will be his/her middle name? Will we use my partner’s maiden surname? From the little research I did, we can use my surname for the baby but I am not sure of how it will be for our baby’s middle name.
I hope you can help us in this predicament. Thank you in advance!
LH
Hello Atty Fred,
Lets say that this “live in partners” have children already had an acquired asset to be specific house title and one of them got married will the legal spouse would have also a right to the said asset in the event of ex partner ‘s death? Can they have a notorized agreement that only children would have only be the heirs of the asset?
Hi po. Ask ko lang po sana if may right po ako sa na establish namin na business ng ex live partner ko. We live together for 7yrs, and the business runs for 5yrs now, i was the one manage it, but last sept he broke up with me. We have 1daughter. He is dutch national when he got married to his filipina wife, but got divorce 5yrs ago. So he is a free man and so am i nung nag live in po kami.
May rights po ba ako sa kita ng business nanyun?
Atty fred; how about if we have a family business n we both are capacitated to marry each other… In our family business he is half owner since he has shares of stock… But he is not working and helping me all thru out the life of the business… And being a seaman he refuses to work due to laziness, i really need to sustain the business for me to sustain the 3 children…our properties then was bought from my relatives in a very low price and were titled in my name only…
Pls give me idea what normally will d court order on this case…
Thank u more power to u
HI
I WANT DO IT COMMON LAW MARRIAGE WITH PHILIPPINE GIRL AND I M INDIAN STAYING IN SINGAPORE AND MY GF AND BABY STAYING IN PHILIPIN SO PLS ASSIST ME HOW TO DO IT
AMIT
84817803
Hi I’m a filipino… what if my husband died but we are not yet married but we have children.. do I still have the right to claim the money of my husband in the agency… while the mother of my husband still wants to claim the money of his son… do she have the right to claim the money from the agency even though he has a common wife and children
gud pm, i have a live in partner for 7 yrs and we have two kids he is american and im a filipina. how can we get a common law marriage and what are the requirements?
thank u and God bless
Atty.fred,
In live in partner w/ a children,if a father of my children has a another woman do i have a right to file him some cases.coz he secretly married a other woman without knwing us even his parent or family of him.
how about I caught my husband having an affair with other woman do I have the right to file a case to the girl even were not married.
Hi, how about if you are living together for 7 years and have a son for 5 1/2 years old then you are just a plain house wife whose doing all the house hold and etc , then you had businesses together the time that you are living together as husband and wife and only your husband who take care and mange of it. What is the unmarried wife like me have rights over the properties or in businesses. Thank you
my bf was 64 years old,,separated from his wife 20 or more years ago.. I am 54 years old separated from my husband since 1986,,barely, 29 years ago… since we can’t avail the large amount of annullment..we decided to live together in the near future… is cohabitation possible for us…..thanks
paano po ang sitwasyon.. may relasyon sila at nag sama sila, nagpakilala bilang mag asawa, dahil yun ang gusto ng isa na makilala sila ng tao. ano ba mga karapatan pa habulin ng babae nung iwan sya ng lalake?
Hi! Good Day!
would like to ask what if my common law husband had an other woman in the past whom he got pregnant. from then on.. she never stop causing stress and animosities in our family.. it came up to the point that she become physically violent both with me and my common-law-husband.. she keeps on sending messages in facebook, emails, sms etc etc.. all of her dramas, bitterness and ego tripping or whatever she’s doing to mess up our family. Hope to hear an advice from you.. what kind of actions should be taken …
Thanks,
KJane
Im a US citizen thinking about retirement in The Philippines. If/when I die there I plan on all my assets in The Philippines to go to my Filipina partner (unmarried). My question is about my assets in USA. Does she have a claim on them as well or can I safely leave them to my children. I also do not plan on leaving her without means of support.
What’s the civil status of a person in a common law marriage? Single or Married? What is legal?
Hello Atty,
I just have some question. My live-in partner of 3 and half years died just recently and left some debts and credit here with me.. His a retired US Navy. He still have money on his bank and i could’nt get it. Will filing as a common-law wife would help so i can get the money and pay some bills here in philippines?. Also is any benefits i can get from him? We don’t have kids but he has son in the US of about 40 plus age and duaghter about 35 plus age.. Also i was the spending everything for his burial here in the philippines.. I spoke to his bank they said the power of atty. he made will not be valid anymore after he died, and that i will find a local atty. and file a common law wife. Hoping you could help me sort some things out.
Hello atty. Were 1yr. 8months together our situation is im single. And he is divorced in australia but then again he is not yet annulned here in the philippines. Some atty. addviced him to have recognition for foreign divorce to settle/recognize his annulment here in the philippines? Can i have affidavit while his “recognition for foreign divorce” is not yet recognize but he has a copy of divorce paper.? Please email me thank u for your fast answer.
Can I seek financial assistance to my ex Japanese husband to
file the divorce here in the Philippines.
He is already remarried to a Japanese woman..
Only finacial help..because he divorced me without my knowledge
and I didn’t sign to the divorce papers…
Please response..
God bless.? you..
Hi… i’m really not sure how to say it.. i just want to know if its possible for me to have the right to have my baby… im a 28yo father.. live in… she has 2 older children aside mine… first born(married) 2nd boy(not married) then mine… my child is still really young.. about a month old..
ang kinakasama ko po y isang pnp employee,ofw ang asawa nya,hiwalay n cl ng 6yrs,ang mga ank nila eh ako nangngalaga,my ank kmi n 5yrs,old,6yrs n din kmi ngsasama,,alm ng asawa ny kmi y ngsasama,wala nmn problema sa knya,ngaun po eh hndi kmi in gud terms ng inlaws ko,totoo po b n wala kmi karapatan o mkukuha mn lng sa ama ng aking anak,khit sbhin ng legal asawa n wala problema sknya,,cnu po ang mgdedesisyon.ang mgulang t mga kptid o ang legal n aswa
i just want to ask if how can I file a case or lets say, is there a bill that protects my right and will let me file a case against may Live-in partner who recently had an affair with another woman? we have a child. please answer and help me. Thank you.
Dear Atty. Fred:
I have a friend who have cohabited with her boyfriend but occassionally as my friend also stays with her parents from time to time. They have that kind of arrangement for about 3 months, from December 2015 to early March 2016. Late March 2016, she found another boyfriend and so she formally broke up with her first boyfriend but the latter refused.
Now, his former boyfriend is telling her that he will file a case against the girl for “adultery” and to her new boyfriend, who happened to be a gov’t employee, for “immorality”. Does the former boyfriend has the legal basis to file such cases?
Thanks and more power.
Tricks101
Hi atty fred,
They been living together for 9years and have 3 children. 1st year of living together his partner committed a sin, he was accused by their maid that he raped her??The housemaid is only. 17yrs old. The relative of the girl demand them that time that they will not file a case if they will give the said amount. The wife[gf) of the accused love him so much that why she did not beleived the girl instead she go to the nearest brgy and file for blotter, that the said accusation is false. At the moment the husband (bf) is now an Ofw the gf help him for the sake of the kids, and forgive her partner. Now she found out that the guy has a girlfriend abroad? the girls was upset because for the 2nd time around the boy betrayed her. Question: If the wants to get even she wants the boy out of his job now, What action she will do???
2. The girl want to tell his company regarding the said raped accusation. Is this also part of violence against women and child?? Please email me atty for your reply in this situation.
What if a single man and a married woman lived in for 7 years with out a child of their own could she can claim benefits from her live in partner,or did she has the right to interfere on his income coz they lived together for so many years?
Atty. Fred,
Please take time to read my story and tell me my chances of getting an annulment. Thank you very much!
Farrah and I were 19 years old when we first met in 1996 at FUZEKO POLYTHECNIC COLLEGE. I was in 1styr College and she was in 2nd year taking up Midwifery. In 1997, she went abroad but we were reunited in 1999. I was still studying and have transferred at PLT College. After months of courtship, our relationship has progressed and we became couples. In April 2000, Farrah unexpectedly got pregnant with our child. We were not financially ready then but I was just so ecstatic of the thought of being a father. I believed it was my best graduation present. Along with the excitement brought by Farrah’s pregnancy, responsibility presented itself to me and I recognize it. In July 2000, I decided to go to Manila to work there so that I may be able to provide for my child when he comes into this world.I stayed in Manila to work and I had to endure the pain of not being able to be near Farrah and our daughter. I wanted so much to be with Farrah and our daughter so in February 2001, I came back to our place and worked as a Company Guard.
We got married in March 22, 2002, officiated by the late Mayor Elpidio. It was held at Farrah’s house. Shortly after our marriage, Farrah told me that she is going to work abroad and is leaving me and our daughter, Rizziah Faye, who is at that time only 1 year and 4 months. I did not want her to leave, especially that Rizziah was very young and she needed her mother. I tried to stop her from leaving but she insisted.
While working as contractual employee at VRH, I was tasked to take care of my daughter with the help of my mother. Rizziah and I lived with my parents at Quezon.
In 2004, my wife came back; however, our relationship had been stained with constant bitter quarrels which caused unbearable emotional pains on my part but I never inflicted physical injuries upon her despite her incessant infliction of debasing words making me low of morale and lost my self esteem for many years. She kept on accusing me of cheating which I knew nothing about. She blamed me of having a meager salary and a low profile job. I remember her describing me as “tagakuskos ng inidoro”. We never stayed as one family in same roof or even have a quality time together since then.
Subsequently, I was a broken mess when Farrah took my daughter away from me. In 2005, Rizziah Fae is already 5 years old when my wife took her to stay with her parents. I was devastated, I had no idea if I will be able to hold my daughter again. Despite all my best intentions and my efforts to take care of our daughter while she was away, she did this to me, take away my right to be with my daughter just because I cannot give her the comfortable life she wanted. This was not something I wanted, and it certainly wasn’t something that I was prepared for. I tried hard to fix things between me and Farrah, to get us back together, but it takes two to make it work. Farrah kept on pushing me away until she decided that it is over and that I cannot do anything about it. I did not have much choice, I cannot force her to stay with me.
I was dis heartened when Farrah left me and took my daughter away from me. What hurts even more is, after Farrah took our daughter, she went back working abroad leaving Rizziah again. She left my daughter under the care of her parents and siblings. I do not understand why she had to take Rizziah away from me and leave her anyway. I wanted to get my daughter back but her family did not allow me. I made necessary arrangement to habitually see my daughter but to no avail. Instead, I was forbidden to see my daughter.
For years, I constantly tried to get my daughter back so that we may live together with my parents but Farrah and her family would not let me. It was sad that through passage of time, and because we were not together, Rizziah had also grown apart from me and the relationship that we had before does no longer exist since the day Farrah took her away from me in 2005.
I tried to find way to steal time with my daughter. Even for just a short while I was able to see her when she is at school. I would try to go see her during lunch breaks. Sometimes I would also go fetch her after her class and I buy her things, I talk to her, I give her food and money just to cope with her. I even drive a tricycle and do my rounds around the school and in their village where she was staying just to check on her, because she’s growing up to be a beautiful girl and I want her safe, it is the least I can do. I remembered this one time when my brother, Elmar, went to fetch her back in Vista Alegre where Farrah’s parents were staying and he saw many male bystanders around the area. After which, he told me that Rizziah is not safe there. I was unable to communicate with Farrah. I was then staying at the Hospital’s Dormitory from 2005 after Farrah took my daughter, because of embarrassment to my parents of my shattered marriage.
Then in the summer of 2010 after Seven (7) years without communication with Farrah since our separation in 2004, I was taken aback to receive a text message from her, demanding to meet up with her at Capitol. They had a family picnic with my daughter. With the excitement that I have and hope to straighten things up between us, I decided to go and see her and my daughter, although it is already apparent to me that she is living with another man. I’m emotionally beaten but I’m not surprised because it’s been a long time. Farrah was impatient as ever and I keep wondering what went wrong with our marriage. I admit many mistakes on my part especially financial responsibility but what I’m trying to offer to my wife and my kid is the only fruit of my present job, I can’t give her what I can’t have. I can’t steal just to give her the comfort that she wanted. I don’t have any vices to spend my minimum income and I’m doing my very best if only she would give me support and a chance. We argued for the same reason then things got even worse and I left.
Yet, at least in 2010, I was patiently reaching out to my daughter. She was my inspiration, she is all that I have now. Even my family exerted efforts to get Rizziah back. She occasionally comes with me on holidays to visit her cousins at Saguday. I noticed in the long run, she is now ready to accept me as her father and we are both enjoying our moments together. My efforts to reach out to her were paying off, we are finally growing close and she now recognizes me as her father. What is more, she addresses me as “papa”. I could see how smart my daughter and it made me proud. I understand that my daughter is delicately recognizing me as her father. I remembered on her 14th birthday when we spend time together, I created a special dad-daughter moment, its simple lunch date but something that we both enjoyed.
Then the hardest and distressing part of my married life turns up in February, 2014. I just arrived home after my shift at VRH, when my phone rang. I was back at my parent’s house at Quezon. A man’s voice on the phone was trying to say something. I struggled to hold back my sobs. Tears were streaming from my eyes, but I really didn’t want to fall apart until I made it into my motorcycle. I was shocked, in denial, confusion and disbelief, all of which because of the impact of my loss. My daughter was murdered in her own room, at the house of her grandmother at Vista Alegre. I can’t totally comprehend what is happening until I saw her body soaked with blood and almost mutilated. A knife is still pierced at her left eye. I was numb, while I was holding my daughter in that state. She’s still wearing her “Majorette” costume during the parade but now it was torn into pieces because of the 23 stabs she agonizingly endured. I cannot believe this, the last time we were together was a day before, she came to me at VRH to show her high grades and we just had burger meal together at the highway.
I felt guilt and regret for not being able to save her. I felt anger to the person who did this crime to her. Upon asking, I learned that it was Frenson B., my daughter’s uncle, first cousin of Farrah, who caused her death. I was so furious at that time especially when Farrah’s family said that Rizziah was still alive when they saw her but decided not to bring her to the hospital because she will die anyway. They told me she was writhing in pain in her last breaths. I was so ballistic, they could have at least exerted effort to bring her to the hospital or at least have called me earlier. Her grandmother, Madam Auring, Farrah’s mother was not even in the house when it happened. I learned she’s in Manila at the time. They have my contact number. Why? Why is my daughter alone in their house? Farrah was still in abroad during that incident. I began to think of “If only’s”. If only I insisted my rights to my daughter, she would still be alive today. I can’t blame myself because God knows how I tried to get my daughter, how many times I asked Farrah to spare me the custody of our child since she’s always working abroad and cannot personally look after her own child. I told her and they know that I already have a stable job to finance my daughter’s needs and even if it’s not enough, my family can fill it but she would not let me. I know nobody wants what happened, but it was my only daughter, the only love of my life.
It was never easy on my part. I want to get a life and cannot just wait for nothing. We all make plans for the future, the idea of spending your life with one person and crafting your life together. I’m already turning forty (40), even after the death of my child, Farrah still blame me for everything. I’m emotionally exhausted and days become dull for me. I never wanted this to happen. I weighed my reasons for this decision, it’s been thirteen (13) years, plus the years we were married but not actually staying together, we were never a husband and wife. I am a total stranger to her, gone those emotional investment, if she have at least. She never make plans with me, never had fun together, we can no longer reawaken the sense of fun we had in 1996, never, even though how I tried. It really takes two to make a marriage work. If only she is willing to work with me through all the difficult times, then maybe we had made it possible. And now it’s been Thirteen (13) years of being alone, my life is now consumed with trying to move forward. Farrah is incapacitated to perform her duty and comply with the essential obligations of our marriage, then the death of my daughter and hence, this petition for declaration of nullity of our marriage.
dear atty:
please kindly advise,i hav a commonlaw husband for 9years already.we have 2 children.he is an ofw in dubai.lve resigned last 2014 frm my job n dubai because of domestic abuse.last year i went back there after we hav reconciled.but ive seen sex videos of him & his coworker saved in his mobile.i went back to d philippines aftr dat ncident.ive found out aftr a few days from our flatmates dat d slut is living wd him on our room.its bin mur than 1year already.can i file a case to them?
fyi:he is not yet annulled to his legalwife.
ive made a facebuk acct.posted pictures of them 2geder.confirming to d public especialy to their coworkers about their affair.d bitch reacted and post to her fb acct daring me to file a legal case against her f am on d right position.even asking me for sakitan.
ur reply wil b a great help.
thank u
hello gooodmorning,
i have a girlfriend and now she seems to have a other contact, a boyfriend. So i ask her to leave me. but now the baby? we are not married. can she ask officieel money every month for the baby and how much? if you can help me with this problem?
thank you very much, Franky
Is philippin girl can marry a indian boy in philippin country?
What are the procedures can do for that?
Is they can marry in any other gulf countries?
May I know the full name of the writer of this article? We are about to use this us our source in our position paper. I hope you’ll response immediately.
ask lang po ako,meron po akong kaibigan na hiwalay na po silang magasawa.ngayon po ay nasa canada ang asawang lalaki at may kinasamang ibang babae(kabit) na nasa pinas, at ang unang asawang babae(legal) ay nasa hongkong.ngayon po ay nagfile nang PR ang asawang lalaki.nagfile po nang divorce ang lalaki sa canada para po makuha nya ang magiina nya(kabit).kinikilala po ba ang pagdivorce sa ibang bansa sa pilipinas?
how can i send my common-law wife out of the house who was caught by my children cheating on me? I am currently in the U.S. taking care of my ailing mother
living in for 15yrs with my common law husband he had his first marriage 1990 and his ex wife has her own family living in australia and she got married there.we dont have any child but i have my first child with my past relationship.
Hi,
My bf is not married but he has a child and he has to live atvthe same house with the girl for the sake of the child. Is there any legal act that can adhere our relationship? Can the girl sue me for that?
Hello Atty.
How about if a one of the live in partner (eg. Husband) dies and the property is named after him. Is the wife entitled to the property.. Or will it be given to their children? Do the government has the right to take the property?
Hi,
Can I legally make my father in-law leave our house. My wife and her father just cannot live with each other and there have been too many incidents where they would shout and argue. My wife and I have had enough of it and have decided to tell him (father-in-law) to leave. Does the father in-law have the right to refuse to leave?
Me and my partner now has a previous marriage. Were almost six years in relationship but were both not annulled and divorced. My partner is married to a filipina woman who was migrated to canada and US for almost 50 years..he is 79 years old now and I”m only 28.Im 5 years seperated with my husband and we have 1 child now also 5 years old. His wife is almost 77 years old and never come back to the Phillipines because their 2 children whose almost 45 years old and 44 is also in the states.So far my partner have acquired his filipino citizenship 5 years ago and never came back to US anymore..Despite of everything bad situiations in line with money and health matters , I never leave him just to let him realized that it was not important to me since I have my own job and when we meet each other were both broken . Im still studying now also at my expense and never ask him for any amount as help..His role is to pay the house rent and our utilities and also our food .Im the one whos taking charge of whatever household chores and whatever inline in the house. First question,Is her wife still has right to him and whatever we had now because even shes naturally born filipino but currently shes no longer a filipino citizen.?Second , Do I have any right to whatever in things were currently having now?, and last , what if I caught him cheating do I have the right to comment , accused him or whoever lady connected to him?
Good day!
There is this woman #1 who is married with man #1 and has children decided to leave them and live with man #2. and for thirteen years they have already children. and later on the man #2 decided to marry another woman. Is woman #1 has a right to file cases with man #2 and his fiance?
Where living together for 13 yrs without marriage. And now hes having an affair. What should i do?
hi atty
may i ask if how many years should be the couple cohabited to qualify to the said common law?
Common law husband leaves common law wife and children. Common law husband now sees another woman who is not yet annulled. What rights can the common law wife have? and what is the effect of such relationship to the woman who’s not legally annulled?
Hi sir.. if man and women live in in ten years and suddently they decided to separate but they have a business since when they started to live each other.. then the mother of the one party which the women accused him in having affairs with others without any evidence. according to your explanation about this matter what would be the status of the men and if the men have the right of ownership to the financial accumulated with each of them ,what would be the legal action?thank you!
What are other rights of a live-in partner? If the man intends to leave the woman but the woman doesn’t want, what can she do?
good pm i lived in the same roof for 15 years i caught them together do i have the right to file the cases to them even though we are not married
Atty, i have been with my live in partner for 8yrs and have a so n. Given that we have been together for 8yrs, does that mean that we are covered by the common law of marriage and is considered as husband and wife where the same law and rules apply to us as if we are legally married?
hello
my mom and dad are live in partners for almost 21 years pero may kabit si dady and sinasabi ng dad ko sa kabit nya na di sila kasal ng mama ko.
may karapatan bang umasta ang mama ko at kami as a legal na pamilya?? pinang hahawakan kasi ng kabit ng dad ko na di daw kasal dad ko at mama ko..
any action or article para mapatunayang mas may laban kami?
atty. Have a nice day. i am separated for my wife 9yrs ago and have son to her, since before i dont have regular income i did not support my son regularly, i just gave him 1,000 pesos evrymoht and sometimes when i have money i but him toys and other stuff, but now i am ofw my salary income is only 20k pesos, not included my foods here and my other oblige expenses, its ok to just give 2k pesos regulary to my son? he is now on 11 age? and my second question is after the separation i have before common law wife, when i am here in abroad i give him all my salary but since she separated in me 1yr ago i did not give money anymore, because we buy house i just pay the down payment and she just continue the monthly amortization, we buy that when i am in philippines, after we seprated she own the house without giving me any cents, and now she is doing to leave our house and rent it others. this two woman giving me stress on how to do? pls give me some advice. thank you
Dear Attorney,
May live-in partner ako for 6 yrs. Last Nov. 10, 216, he died. I am the beneficiary of his pension and insurance. Before I forget, he worked before in US as Sheriff. I called his retirement office to ask what are the requirements to get his pension and their general manager told me that they need a document where it can prove that we are registered partners. Here in the Phils., there is no such document. Can you pls. help me what and how to provide this document that they are asking with me. Thank you very much in advance and looking forward for your reply.
Good afternun sir im elizabeth morante meron po akong kalive-in partner for 10 years may 2015 pi kame nag sama nagkaroon po kame ng 3 anak mag two two years na po kameng hindi nag sasama at hindi rin po sya nag bibigay ng sustento sa mga anak nya ano pong kaso ang dapat kong isampa sa kanya o kung ano man po ang pwde kong gawin para po makapag bigay sya ng sustento. Hirap na hirap na po kasi ako sa gastos tatlo po ang aming anak.maraming salamat po
Hi Atty,
My common law wife is having relationship with another man. If ever I got evidence of them will I be able to file an adultery case against them? We have a 1-year old daughter and I want to know if I can have the full custody of my daughter? Would photos of them together be sufficient enough to file the case? What other things do I need to get custody of my daughter?
Please help me.
Thank you.
Good Day Atty!
My boyfriend and I was 1 year and 5 months in a relationship. We live together for 5 months but we need to live separately because my work is in cavite while him was here in Manila. We are legal on both sides of our families. So we and our parents considered as husband and wife and we plan to get marry this 2017. I also got pregnant last year but the baby needs to be removed due to ectopic pregnancy.
This January 2017, i went to our province to have a vacation. Our relationship was very ok. Until a sudden change from my husband was visible so I go back to Manila.
I found out that he has a relationship with his colleague. I have some evidences because my former classmate saw them holding hands and very sweet as a couple. I also found out that this girl, slept over to his boarding house for more than one night.
I asked them if they have a relationship but they keep on denying it even i told them that i have some witnesses.
Atty, do i have the right to file a case against them? if yes, what case can i file to them ?
Ask ko lng po, my daughter has a live in partner at nagsasama po sila as husband and wife for almost 17 years, nagkaroon po sila ng tatlong anak, going to 17 yrs old ang panganay, 10 yrs ols ang pangalawa at 1 month old sng bunso, but one day may nakapagsabi sa daughter ko na may isang girl na buntis din at going to 7 months na yong pinagbubuntis nya at ang ama ng bata ay ang husband nya, so nag verify ang daughter ko sa NSO at kumuha cya ng CENOMAR. na shock po kami sa result at napag alaman nmin na ikinasal siya sa girl na ito at almost 2 yrs ago na… ang tanong ko po, ano po ang habol ng anak ko ka live in nya? every time na magtatanong ang anak ko sa kanya kung kailan sila magpapakasal dahil malalaki na ang mga anak nila, lagi niyang sinasagot mag iipon pa cya at kung anu ano ang mga reasons nya, dahil sa mahal siya ng anak ko pinaniniwalaan nman nya…valid po ba ang kasal niya at pwede po bang maghabol ang daughter ko? at ano rin po ang magiging habol ng mga anak nila? thanks po and God bless,
Atty. Fred
I have a live in partner just want to ask if I can be considered as a mistress?
Thanks to E-mail:dr.mac@yahoo. com…for helping me get my wife back.
What if your live-in partner for 13 yrs comits a sexual relationship with a co-worker. I moved in with him 3yrs ago. Do I have any complaint to file? Or because we are not married, I can not have any rights to practice?
Sir/Madame how about if the siblings and parents of the husband holds the atm then give an allowance for the child and wife which is not enough. Not enough that even a dress and shampoo the wife cannot afford to buy. They are married both by civil law and church law but the wife is not given the previlige of taking care of her husband’s atm. Thank you! The husband is a seaman.
What possible law is applicable in this sitiation? Thanks!
Good evening atty. my live-in partner po ako for almost 3 years n. Ngyon po my nbuntis po syang iba so ng-ddalawang isip npo ako kun itutuloy ko p po mksma s knya. An iniisip ko po un mga na-invest po nmin. Mas malaki po kze un share ko s mga na-invest nmin. Ntigil po kze sya s trabaho ng 2 years kya po un monthly ammortization ng bahay at kotse ako po an sumalo. That time kkasimula p lng nmin ng hulog. Ask ko lng po kun my krpatan po b ako s bahay at lupa nmin kze po s knya po un nkpngalan pro un kotse skin nkpngalan. Thank u po… Sna po mkpgreply kyo skin kze nddepress npo ako… Salamat po ulit
Hi Atty. Fred,
Good day.
Me and my girlfriend have been living together for 4yrs now; my annulment petition has been on process since 2013. According to the Lawyer, the annulment document will be released next month but the date is still tentative. I am currently applying to immigrate to Canada and I declared my girlfriend as my dependent. The immigration Lawyer asked to submit an affidavit of cohabitation to prove that me and my girlfriend are common law partner. Is it possible for me to acquire that document while my annulment case is still not finalized?
cont…
I failed to mention that I was formerly married to another with no child. We filed the annulment case in 2013, and waiting for the result ’til now.
I am 43 years old now my partner is 41 years old wre’ve been together for 16 years,his a meletary so my question do I have the rights to fight for my right as his common law wife,cause I have found out that he cheated me but in a melitary way I have the BI PAPERS stated their he ask permission to marry and all said has an approval, ani ang maihahabol kung karapatan..thanx
Hi,
I wonder if you could give us advice or some information about the right of children.
My grandfather was married to my grandmother early 1940’s. They have 4 children. They live in a property where my great-grandparents live. After10 years, my grandmother died. In a couple of years, my grandfather remarried again and had 4 children. At that time, my grandfather’s sister decided to divide the land which their parent’s left for them (4) . So 1/4 of that property belongs to my grandfather. On the land title, it says ” My grandfather’s name then married to the new spouse’s name”. The new spouse and their children live in the same house where the other original children live. In 1998, my grandfather died. The 2nd family advised the first children that they owned most of the property since half of that is for their mother and the other half should be divided by 9 including thier mother. So meaning less that 1/4 of the property only belongs to the first children. Kindly let us know if this is right or if possible to guide us to find which Family code or Civil code we need to look. Thanks a lot and I greatly appreaciate your quick response.
Hi Atty.
This refers to the case of my auntie. In 1961 he married to Mr Canete. After 2 to 3 yrs they separated because Mr Canete is abusive to her. After more than 7 years of not living together he met Mr Al, and help him in the
His studies to become a seaman. In 1989 they married. But Mr Canete died 2 years after their marriage. Thinking that their marriage is valid. They continue or cohabit as husband and wife. Now, 2014, Mr Al died. Now, my aunt was denied by SSS as lawful beneficiary in pension. Was their living together for many years after death of Mr Canete cannot be considered as co ownership. The SSS pension I believe is fruits of personal property which is the monthly contributions. No one now claims the pension. How can pleadI. this
Can my boyfriend live in my conjugal house? My husband is living in now with other woman.
Hi.. I been with my live in partner for many years. He is not ready yet to get marriage. But I am. In this many year. Can we write a promises to each other and sign it?. For now. Until he is ready to officially want to get marry.. And can that view us marriage with him?…
My ex partner and my self have been together for 11 years but we are not married , we have 5 children ../ we acquired property together while we were together but now he does not let me in the house changed all the locks , he put the property in a non stocks corporation, without my knowledge … Now our 5 children are everywhere Huhuhu… Please help he is an Australian …
I am an American (legally divorced) living part-time in the Philippines with my girlfriend for the past eight years. I work in the US for two months and then go to the Philippines for 1 month. Unfortunately, it looks like we are going to break up. She had a house built when we first met and I have been the primary source of the upkeep and improvements for the time since it was built. In addition, we built a small store, a second floor bedroom and a third floor terrace…all connected to the original house. I have extensive records of money transfers for support, upkeep, and the addition to the original house as well as construction and labor reciepts and records for the addition. Can you offer where I might stand legally in terms of splitting up the property?
Good day Atty. Fred,
I have a seaman live in partner for 8 years. we have two children. a 5 year old son and a 1 year old daughter. we have an existing business, and i am the one who manages everything while he is on board. i am currently processing the transfer of title of our purchased land to his name. Last No. 2016 he came home and took his training in manila for several months. He stayed on his apartment and went home only once or twice a month for 5 months. After he passed the board exam as Master, last month, he went home and decided to leave us and break up with me for he was no longer happy and that he already found another love. Do i have the right to demand from him? how many percent must be his support to our children? Thank you and more power.
I have a question if you are still live in partner and have not yet decided to get married does my current employer can terminate my job for not getting married to my partner?
If my live in partner have an affair to other woman ..what is the case or law to gave him?
Hi atty.fred.,
Do i have a right to confront verbaly the other girl of my live-in partner..?? Because they always said i have no right because im not the legal wife or im not married to him..
What is the legal action about this?
Hi Atty. Fred just want to ask what if a live in partner have child then the man is in law school then he had an affair with other and wants to live the live in partner. does the woman can file a case against him? and does the child can get the share of the man?
Hi, I would like to know if there’s a law here in PH about male live-in partner having an affair with a 16years old. We’ve been together for 4years and we have a 2years old kid. I just found out that he is having an affair with our neighbor for a year now.
Please advise if there’s anything I can do about this.
Is this site still alive? Are we getting replies? Anyway, i have a live in partner for almost 8 years but we are at the point that we need to separate, how exactly can i protect my properties in this case? I don’t want a single peso to go to her.
Hi Atty. Fred,.
If a legally married woman, got separated and cohabits with another man, Can she state her common law husband as her dependendent or benificiary since she doesnt have any children and doesnt want her legal husband to gain the benefits?
Hi Atty,
can you help me with this situation. a married couple has 2 children after 6 years of being married they separated. they were not annulled or there was no legal separation papers signed. husband has now a new partner and has 5 children, they signed a joint affidavit stating that they were living together i think under this family code art 147 and this is notorized. Now, the husband is dead has no will and left a lot and 2 door apartment. how should the property be divided between the legitimate children and the illegitimate children? do the legitimate children get half of the property and the other half should be divided among the illegitimate children?
hi, attorney , Fred
if the the two person live- in together then the boy found another girl ,then he plan to marry that girl. The live- in partner girl have a legal or right to file any case to the boy
boy? thank.
Good day I would like to ask if i can put in jail the women of my husband we are married but my husband have other woman. What case can i file to them i want both of them to be in jail.
HI atty, is it possible to file a case to my common law partner if I caught her cheating, we are leaving in together for 14yrs we have a son. Please reply thanks
My partner is legally married to a Japanese Citizen here in the Philippines last July 2011.
Since August 2011 up until today, we are living together with our 4 kids(Biological)
The Japanese man already went back to Japan until today. No communication from the day we live together up until today. I presume is my common law wife.
Question: What are the steps that we need to do in order for us to get married?
Good day Atty. May I ask I got married 9 years ago however out of my knowledge I was already acknowledged by my father since then. When I got married I use the last name of my Mother’s instead of my Father’s. Will be my marriage considered as invalid? Thanks
hi just want to ask, I? currenly living in, and my husband is having an affair with a married woman, they are workmates, can I do legal action to request the employer to terminate the girl?
atty. i just want to ask if what should the right things that i can do.kasi kami po ng live in partner ko from almost 7 years kaming nagsama at bago po ako umalis ng ibang bansa ay okay po kami ngayon po na pauwi na ako nalaman ko po na bininta nya pala yung bahay namin na wala po akong ka alam2 at may 3 po kaming anak di po xa nag susuporta sa mga bata ano po ba ang dapat kong gawin..nalaman ko pa may nabuntis din xang ibang babae habang nagsasama pa kami..
Hi Fred, I this one will be interesting, I had a girl that lived with me for 8 mo’s, She set me up from day one to scam me, after the first month I asked her to leave after seeing she was chatting with out guys online, she would not ( you can’t throw anyone out of your house in PI) anyway I let her stay for awhile until she found a place but she would still not move out, told her many times to go but she wouldn’t , she down loaded Spyware on my phones and spied on me, she kept saying she wanted to marry me , I refused and was going to throw her out finally just go so tired of the BS…. after talking to a friend he told me that she wanted to basically take me for all I was worth because she lived with me and washed and cooked and had sex with me that it gave her legal rights to half my assets and property which I had! Is that true? Can she ?I have ditched all phone scared she would find where I was at! I was so shocked I left the Philippines
Hi! Atty. Fred,
Me and my common law husband had been together for 14 years this coming June 7, 2018. We have 2 children. Last December 12, 2017, I was browsing my Facebook account one of the profile pics catches my attentions of a newly wed couple, upon zooming in I saw that the one on the profile pics was my common law husband who got the Civil wedding pic on Dec 8, 2017. I was totally shock and humiliated upon seeing all the pics of their wedding. The woman that he married with has 2 children already, but not his children. Do I have the right to ask for financial support for my children from my X live-in partner?
Hi atty. Fred. I just want to know if being double citizenship can burden an upcoming marriage.. I have a friend her boyfriend is a filipino but become a american citizen. And the problem is his age is 3years younger in USA than here in the Philippines .they want to get married here in Philippines is that going to be a problem in the process of their documents. Specially they had planned to migrate in USA in the near future. Thank u i hope you can help. God bless
Hi. The article is not that cleat to me. Please enlighten me.
In my situation, I am the one providing for all our needs (bills, food, car registration, and all kinds of expenses). But let me not dismiss that he/ his mom took care of our child’s education for 5 years. Also, my common-law partner was helped by his mother to buy a house for us. Since the purchase of the property, I am the one paying for the property tax. What is my right, or our child’s right on the property in the event we are to separate?
Hi Atty
my brothers live in partner is a married woman, she left in feb 2017. Now my brother is living with another woman and they a child. the first woman just came back today to live with my brother again and the second woman which my brother has a child was evicted in the house. My question is who has the legal right the first woman or the second one. Pls. Help.
Pasensya kung tagalog tong tanong ko…
Kapag po ba di kasal tapos nakisama sa iba ang lalaki. Ano ang karapatan ng babae sa anak, pinansyal at batas na pwedeng ikaso sa kanila…
Maraming salamat po…
Hi, I am regular employee (man) and my partner (woman) is a casual employee, working in the same hotel property but different outlets. We are not married, but on a in live-in status with one kid.
HR doesn’t want to hire my partner to be a regular employee because of conflict of interest?
there is still a chance right? since technically we are not married.
Thank you.
Atty Fred,
I am living with my common law partner,we cannot marry each other for he has his previous marriage and not yet annulled.However, we already have 2 kids ages 8 and 10 and that were living together for almost 14 yrs.My question is that will there be a time that we could be legally married because his previous wife has been to another man and also has her family?Thank you.
Dear Atty Fred,
My partner and I have been together for 14 yrs now and is in a de facto (common law) relationship for 3 yrs and we’re both based in Australia. I recently found out that my partner impregnated another woman in the Philippines. I just want to know if I have any legal rights to sue my partner or his mistress?
Thank you.
Im seperated for more than 13yrs now and no communicate with my previous wife, we have settle ang agrrement from the PAO and here in our barangay that we are separated, now i have common law wife can we be get married?
I just want to ask if my common law wife for 3 years and 5 mos, has the rights to break up with me because her accusing me that i’m using drugs but i’m not and she has no evidence at all. I just want to know if i have the rights to fight for our relationship as long as she has no evidence of what her accused to me?
hi po..
ano po mga karapatan ng babae kun may kalivein partner xa…pede po ba magdemanda kun niloloko xa o pinagtataksilan ng livein partner..salamat po
Hello atty fred,
May I ask regarding the case of my househelp. She and her partner haf been living together for 7 years w/o marriage.They built a house located in a squatter area with their hard earned money. Her partner died last November 2017. WILL the siblings of her partner has the right to have share in the house they built together. My househelp sought the help of the barangaycorrect. Though the barangay is in favor to my househelp she was asked to provide them any legal article to support their decision. As I understand it is the duty or responsibility of the barangay to resolve this case. But due to my concern to my househelp which she is in dire help, I am asking your assistance on how can I help her to solve this problem.
May you reply the soonest possible time.
Thank you very much.
Grace Jimenez
Rizal st. Brgy zone 9
Talisay City,Neg. Occ.
Thank you very much.
Hi atty. Fred
Want to ask which place we can get a affidavit it was the place of my ex common law partner or the place where we stay together . Coz we was staying in my parents house when we are together but he go to other place for work.
Thank you.
I’m a single foreigner living in the Philippines. I had been living with my single Filipino partner and bought a condominium which was in my name from my own funds whilst living with her. I then gave her 1.5m peso to purchase land in her name because as a foreigner I can’t own land. Two months after purchasing the land I discovered he was chatting up an ex and decided to end the relationship. Do I have any claim with reference to the 1.5m I gave her to purchase the land ? Thank you.
Atty Fred
Just wanna ask. Is it possible for a marriage to be void if the couple are no longer together like 35 years? Like they are not legaly separeted but they are not living in the same house for 35 years?
Is the husband still oblige to sustain his family financialy even if the children are old enough in fact they have there own families already? How about the properties? Btw the husband has new family and he was married to other woman.
Hi attorney,
Tanong ko lang po. Yung tatay ko namatay walang iniwang last will and testament Ngayon May naiwan siyang mga illegitimate children at May kinakasama siya for the longest time. Nagkaruon din sila ng anak pero Hindi sila kinasal. Tanong ko po ano ang rights ng mga anak niya sa mga ari-arian ng aming namatay na tatay? At sundalo rin siya anong percentage ang makukuha ng mga anak at kinakasama? Sinisimulan ma din ibenta ng kinakasama niya ang mga ari-Arian ano ba dapat namin gawin. Pinalabas niya na walang perang naiwan ang aming ama.
Hi attorney Fred’
May Ka live in partner po ako na Swiss for 7 years, namatay po sya. May arise arian sya..nakapangalan SA IBA..humanity si swiss Ng dummy..Yung dummy nya ay walang rights SA Ari arian nya base SA kontrata na pinaglumaan kasunduan nila.subalit my anak sya na Swiss national.
Ano po karapatan ko bilang common law wife?
My partner and I are in a live-in relationship now for two years. How can we show proof of our live in relationship? Can we execute an affidavit of domestic partnership?
Hello— I’m Riza 25 years old.
Been with my husband (not legally married) liv in partner for
7 years.. He own a private resort and after 4 years of our
Relationship he open the resort! And we work for it together. I help him start the business not financially
But with HARDWORK! And with my computer skills..
now he wants to break up with me… And break up with me
With nothing! Do I get a right to get something so I
Can start my life too???
Hi Atty Fred, if a couple(man is single & woman is widow) is living together for more than six years, does the woman has the right to file complain if the man has a proven relationship with other woman who is currently married and living with her husband and a child?
Thanks in advance… 🙂
Can a single woman use her common law husband’s surname? What is the funishment if ever?
Good Day to you, What are the laws to a single man living under one roof without permission to a married women while the husband is working abroad?
hello atty. im married previously… now i have a live in partner and we both.decided to end up our relationship we have a house under my name but my live in partner want me to pay all the home repair cost of 500k . does he have the right to charge.me for the cost? thank you 🙂
Hello Atty.
Itatanong kulang sana po kung ang common law husband ba ay may karapatan ba sa mamanahin ng common law wife?
Yon lang po maraming salamat.
Hi Atty. Ang mama ko po ay may kinakasama (Live-in) ng 7 na taon. pero hin di po nag work yunbg reltionship nila. at nag kaanak po sila ng isa. ang mama ko po lahat ang nagpundar ng negosyo nila at wala pong naiambag ung lalaki. now mag seseperate na sila. ipinipilit nung lalaki na may shares din siya sa mga negosyo ng mama ko, pero wala naman po ang pangakan niya sa papel. lahat ng negosyo ng mama ko ay nakapangalan sa kanya. pero gusto niya ipilit na dapat meron din siyang shares. ang kapatid ko na 4 years old pa lang ay ayaw niya din pong ibigay saamin hanggat hindi siya binibigyan ng mama ko ng pera. He wants to liquidize my mom’s property para magkapera siya. ano po kayang pwede naming gawin?
Sally
Me and my live in partner has 3 kids together
We have properties which is all in my name.
We been living together for 12years.
We are having up side down at the moment.
And his not giving me any shares at all
Not even a financials in which we have apartments
On my name and all the payment goes straight to his pocket and not sharing any.
He was trying to put me into zero.
I just wanna know about my rights as i am the owner intitled.
And as a mother of our kids do i have the right to ask for financial support while we still living together?
Thank you
Sally
My daughter have six kids with her live in partner now there relationship is over and they live together for 13 yrs is this applies as common law wifeband husband?
I am a live in partner and we have a child. He was married before we met. Now he died as a government employee. What are my or my son’s rights to his receivables?
I am separated for 7 years now and my annulment is still in the process. I have a common law partner for 3 years now and is pregnant. Is my child can be declared as legitimate child? and what name should I use in the birth certificate of my child? My maiden name or my married name? I am a working mom in a BPO company.
Good Day !
Before I got married my husband way back before, my husband has his ex-live in partner with (1) one child only.
This is the story :
Guy – is my legally husband now.
Girl – is my husbands’ ex live in partner.
Why they are they separated … because the ex-live in partner of this guy ( the girl ) has a third party.
She ( the girl ) has another man played with fire while this guy was in abroad working before. They have a child but this girl has another affair ( a motorela driver , nearby house and neighbor too ).
This guy-when he returned as he knew that already that the girl has something that she did secretly, they’ve talk and finally separated each other for so many reason that this guys know about her while this guys in in the country and going abroad.
Now – they got separated but they have an agreement at the Barangay that this guy will only support the child only.
Okay … now, they finally broke each other and the girl back to their own place bring thier child. But that girl she has his man already there ( denying that she had no other man that she insist ) waiting for her at her own place. And that man was the other man of the girl ( the girl has no work at all ).
So when this guy finally found someone and that is me ( of course I have my work and I am not resigning my work ), we settle down and got married ‘ civil wedding ‘.
My husband tell everything about what happen to him , not only him but also their friends , families who knows the truth of that girl, so I am aware of everything.
Now-when this guy and me getting together … this girl always BLACKMAILING & TEXTING US .
The girl cannot move on .
In Visayan Terms :
Texting Us : ” Aw hapit na diay inyo civil wedding sa Hall of Justice noh, andam naman ang bomba para sa inyong duha sa inyong kasal .”
” Ah nalalapit na pala kasal ninyo sa Hall of Justice , okay na e-ready ko na pala bomba dyaan sa mismong kasal ninyo. ”
In Visayan Terms :
” Basin magmosketero mog tabla. ”
” Baka in the near future nasa kabaong na kayo. ”
In Visayan Terms:
” Nag-training na raba ko pagka rebelde, or basin ulo nalang nimo mawala . ”
” Kami, ako ,akong igsoon ug akong mga pamilya mga rebelde na raba basin mao ranay imong katapusan. ”
” Nag training na ako bilang isang rebelde, baka patay ka na, o di kayay kami , ako , kapatid ko at pamilya ko mga rebelde na baka ito na katapusan ninyo na mawala sa mundo. ”
Okay – tinanggap ko hamon nila bilang asawa, lahat kinimkim ko.
Ngayon sa sinabi ko na may kasunduan sila barangay na bata lang suportahan .
UNANG TANONG :
BAKIT PO BA KAHIT NAGSUPORTA MAN YUNG ASAWA KO SA BATA NA ANAK NILA , BAKIT BA AYAW PAGBIGYAN NG INA NA MAKAPAG BONDING ANG MAG-AMA KAHIT ISANG BESES NALANG SA ISANG BUWAN, EH KASAMA NAMAN YAN SA KASUNDUAN NILA ?
PANGALAWANG TANONG :
NGAYON NI HINDI KO NAKITA ANG MAG-INA IN PERSON, NI HINDI KO NAYAKAP ANG BATA, BAKIT BA NAPAKALAKING TAKOT NG BATA SA AKIN NA WALA NAMAN AKONG GINAWA SA BATA ?
( GUSTO NG ASAWA KO NA BAKASYON KA NAMAN DITO SA AMIN NAK NG MAKAPAG BONDING TAYO.
ANG SAGOT NG BATA ‘ AYAW KO KASI ANDYAN YUNG ASAWA NINYO NATATAKOT AKO. )
PANGATLONG TANONG:
MAY ASAWA NA SI GIRL YUNG OTHER MAN NYA PERO DI PA SILA KASAL LIVE-IN PARTNER DIN AT NAGKAROON PA NG ANAK.
MAY KARAPATAN BA YUNG ASAWA KO NA MAKUHA NILA YUNG ANAK NILA ?
PAPANO KUNG AYAW NA KASI NA BRAINWASH NA NG GIRL YUNG ANAK NILA ?
MAY KARAPATAN PA RIN BA NA MAIPAGPATULOY NG ASAWA KO NA MAGPADALA PARA SA ANAK NILA NA MAY KINAKASAMA NA ITONG SI GIRL YUNG OTHER MAN NG GIRL NA ITO AT WALA PANG SAKTONG TRABAHO ANG KINAKASAMA NITO ?
NA NAPAGTANTO KO PARANG DI NAABOT SA BATA YUNG SUPORTA NA PADALA,
KASI LIMA (5) NA SILA LAHAT. INA NG BABAE, KINAKASAMA NG BABAE , SI BABAE , ANAK NG ASAWA KO AT ANAK NI BABAE AT KINAKASAMA NITO.
TAPOS KUNG DI MAGPADALA ANG ASAWA KO, SASABIHIN SA TEXT NA, ANO KUNG DI KA MAGPAPADALA MAGSAMPA DAW SYA NG KASO?
NGAYON WALA NG SAKTONG TRABAHO ASAWA KO KASI DI PA NAKABALIK NG ABROAD , NAG -AAPLAY PALANG .
MAY KARAPATAN BA SI BABAE MAG DEMAND AT HIHINGI NG SUPORTA NG GANYAN NA MAY KINAKASAMA NA ITO AT ENGAGED NA ANG MGA ITO?
Hoping that this will answer all my queries .
Respectfully Yours,
Renazel K. Claraval
Sir ask ko lng po may karapTan b ako sa bahay naming mag asawa,kami po ay nagsama ng parehong single at walang ibanb karelasyon,nagkaroon po kmi ng anak 3 ngayon ibinenta ko po ang bahay namin sa probinsya dahil wala n pong titira,ngayon sinabihan po ako ng magulang nya n wala daw po akomg karapatan duon dahil hindi po kmi kasal…
Hi atty…
Hope matulungan mo ako. My live in partner po ako for 9 yrs. Now ipang beses n sya nambabae pinatawad ko tinanggap ko. Last month lng umamin sya n my babae sya at hewalay na sila. Now nung una ok pa kmi nag uusap ng babae maganda pa usapan namin. Sa kagustuhan kong makita mukha nya nagchat ako sa mga katrabaho nya. Tapos nagpabarangay sya..sa galit ko nagpabaranangay sya pinost ko mukha nya at my mahabang caption in short my malandi n caption. Now nagrereklamo n nmn sya sa barangay at kakasuhan daw ako ng cyber bullying sa mga sinbi ko. Marami din sya sinabing masama about sakin ang problema binura n lahat ng partner ko lahat kasi ayaw n nya makipag usap ako..now ginamit nyang laban sakin mga screen shot ng message ko..although i didnt saw exactly if includid ba ung mga sinabi nya saki. My laban po ba ako sa knya or wla?
Dear Atty,
I have my live in partner, now he is a soldier of the Philippines. We have a son 1 year and 8 months old right now. He abandoned us since 2016. But we live together almost a year. This July 18 2018 he come back, and talk for my parents about ask, he said that he want to marry me.. but after 3weeks he lied to me even my parents, he have another girl. And that girl was sending me different kind of messages and also the conversation of them. I don’t know what to do now, and what kink of case I can file for him. Atty, I am in the stage of shock now, and full of pain.. and also my parents. What should I do? Thank you so much for you answer.
Attorney tanong lang po pwede ko po ba demanda yung kabit ng asawa ko kahit hindi kame kasal?ano po pwedeng ikaso?
Hi atty. I had a partner, we lived together for 8 yrs. Have a 7 yr old daughter. He died this year, and the legal wife is claiming all insurance and death benefits. Is my daughter entitled to claim as an illegitimate child? He left us with nothing, and the legal wife said only their legitimate son has the right to claim such money. I hope u can enlighten and help me. Thank you.
Hi Atty Fred, just need an advise and for me to clear things between my business partner/live in partner for 9 years and we do not have children. My partner is still legally married to her husband and they do not have children as well. Things is not good for me and my partner and we decided to have our own separate lives. The problem is I bought a land and build a house under my name but she took the original deed of sale, someone told me that she process the transfer of the title under her name. Is it legal or it can be transfer to her name even though its mine? How can I get my equal rights for all the property and money that we shared even though some asset are under her name,car and account in the bank.
In separation of live in partners what are our both right?
By the way, I am now married to my wife a year ago.
Hope to hear from you and thanking you in advance.
Hi good day ATTY,
I’ve been separated from my wife since middle of 2009 with 1 child, we got married in 2007. I want to get married again, is this possible? what are the things that I need to do?
year 1985, i was married in civil law at the age of 19yrs old and my wife is 14yrs old and 7 months, we have 2 children, we only lasted for 7yrs. Year 1993, we have agreed to separate ways for a reason that we are not compatible and have an agreement signed in front of the barangay captain with his office staff and with our parents. since then, we have no longer any communication up to present.
now, i have a new family with 2 children ages 22 and 24 yrs old and i also knew that my previous wife has already a family on her own.
i want to ask an advise from you if i have a chance to marry my live in partner now since we have accumulated 24 yrs of living in together. i am only a govt employee with the lowest salary grade 1 and i can’t afford to pay a legal fee of P150,000.00 for an annulment case. i am just practical, i cannot afford that such amount.
HI Atty Fred,
I legally single and living with a married man for the past 25 years, we have 2 kids… he has 5 kids with his legal wife. I acquired a couple of properties to start with, while working in a foreign country. we acquired a couple more together afterwards.. an incident happened which almost cost my and my kids life, Arson group/investigators found the incident to be intentional (and should I say it points to the first family). the relationship is going south after the incident. How will the properties be divided?
Will the properties I acquired before he had the means to acquire properties be solely mine and my kids alone? I want to make sure my kids are protected and whatever I saved for them really goes to them alone.
legally single
My girlfriend and I have 2 kids, the house we live in together is owned by my parents, she won’t leave despite all attempts I… Can I go to the police and have her evicted? I’m not trying to runaway from my responsibilities as a father. I will support the kids, heck, I want the kids to live with me.
good evening.atty fred ,may ikokonsulta po sana ako sau about po sa problema ko with my live-in partner for 6yrs now.may pinagawa po kse kaming bahay pero nsa name po nya pero ndi po maaus ang sitwasyon namin because napakaseloso po nya and gusto ko po sanang malaman kung may habol po b ako n makuha ung bahay s kanya kase halos ako po ang gumastos doon at may monthly remittance po kse akong pinapadala s kanya.anu po ba ang dapat kong gawin?sana matulungan nyo ako.thank you in advance
Hi,
My name is Alex Morrison, I have built a house on the land of my ex girl friends land. I did this for the protection and wellbeing of both her and my son who is turning 2 on March 25 2019.
She wanted to goto Manila to find work and after much resistance I said OK.
Since she has been there she has been caught out cheating on me and has admitted that she did so whilst leaving our son with her parents.
She refuses to go back to the house and I want to ensure that I can gain custody of my son and ensure that the property remains mine.
We have been in a relationship since April 4th 2016.
What are my lawful rights?
Dear. Atty.
Please i need your help .
We are live in for 4 years and have kids po , 3 yrs old and 10 months old. Nang babae po sya eto pong babae kahit alam may pamilya na at live in kami pumapatol po sya sa ama ng mga anak ko. Infact niyaya nya po na sakanila matulog at kung anu pa po.. Nag kaaway po kami nitong babae at inulit nya po yun na magpakabit sa live in partner ko, do i have a right po ba na ireklamo itong babae? Merun po mga convo na hinahanap nya ang asawa ko kasi daw po d na napunta sakanya ganyan po merun din na bnblock mail ako ng pinsan ng babae na yun na may scandal daw po ako. Pwedi po ba ako mag file ng case sa babae o sa live in partner ko? Please answer me po and help me
Ang asawa ko may girlfriend 3 years na… nasa abroad kami ngayun at sooner uuwi na kami ng nga anak niya…ano po puedeng I kaso ko sa kniya in case malam an ko nag live in sila… kasi sooner or later baka sundan nya iyung babae niya sa ibang bansa… Ano po ang dapat Kong gawin para sa mga anak ko na hindi magiging problems ang pagsuports niya a. Lalo financially.. at yung babae. .. may evidence ako na may ro mantic relationship sila..ang madalas nanggugulo pa sa akin sa social media.
gud day mam/sir. my situation is like this po. we r leaving 2 geder as common law for almost 7 years. we have 2 sons, 4 yrs and a 2yr old. when she come back from singapore, she have a bf, then she let me go to work as normal we can be. but wen i come back from work. there no trace of them. she bring all the clothes and thing of my children, what can i do or my rights on my children, do i have rights. is it legal for her 2 do that.. wer both sinlge. she have no work or anything. because she uses ilegal identity on her passport when she go to singapore.
Hello.What is the law on resolving when a person leaving a common law relationship and setting up another family home without resolving the FIRST.Thats the family code but what can the innocent party do?Then return the following day to steal appliances.thank you
Hi sir,
I have live in partner for almost 5years and i have one child bo to her, we are now separated and all the properties that i buy was under her name but is all come from my money
Do i have right to get of some
Like car,furniture,appliances,money
But all of that under her name
Thanks and best regards
Dennis
Attorney,
I would just like to ask if a person can file a case against her common-law husband which they have been living together since 2013 until now once proven that the man is having an affair with someone? They don’t have children. If it is possible, what grounds can the person file? Can she file a case against her common-law husband and the woman? Hoping for a reply. Thanks so much.
Is there any form of a legal pre- nuptial agreement in the Philippines related to a live an partnership only
Hello. Good day!
I would like to know the rights of a common law wife if her live-in partner died without properties except a property inherited by the man from his parents. The man has 3 illegitimate children and 1 unmarried younger sister. Who has the right to the said property? the younger sister or the common law wife?
Thank you.
atty. is it right that common law husband does not have an obligation to his partner because they are not legally married? his obligation is only to their children? even they still living with each other?
Hi, Atty.Fred. I’m not really sure if this is a common-law marriage issues, but I hope you could give some legal information on this: a common-law man and woman decided to separate. They had one property, a house named under Mr. and Mrs. Dela Cruz(not real name). The house was bought solely by the woman, since the man never really had a stable job. Now that they are separating, the woman wants sole ownership of the house. However, the man’s legitimate son from his valid subsisting marriage to another woman, is claiming rights to the house, on the grounds that his mother is the ‘actual Mrs. dela Cruz’. Is the son’s claim valid? What can the woman do to get the house? She never used the name Mrs. Dela Cruz.
thank you in advance!
Atty. Fred–my brother and his girlfriend each have first marriages that were never annulled. The span of years of separation with their original partners is ten years for my brother and twenty for his girlfriend. They were vocal that they have no plans to marry each other nor does each of them plan to process the annulments of each of their previous marriages. His girlfriend has transferred all valuable properties (real estate) she acquired before cohabiting with my brother to her child by the first marriage while my brother has not done a thing for his own children. His first wife did everything to alienate the children from their father who is my brother. Communication with his own children is hard. Note that he has no child with his current girlfriend.
My question: if my brother dies, does his girlfriend whom he lives with now, gets a share of his properties. My brother has an agricultural land, a car, and bank accounts all solely earned by him alone and under his name (real estate and registration). Will you advise my brother to make a will bequeathing his properties to his children by his first wife.
Atty im in abroad na and in a live in partner we have 2 children but not yet married because of we are financially incapacitated.I found hin dating another girl?what are his consequences betraying our relationship.our 1st child 2years old and daughter 2 years old im 3months here abroad
Good morning atty. Fred. May kinakasama po ako, kasal siya sa una niyang asawa sa iglesia, pero matagl na po silang hiwalay more than 10 years na po. Pwede po ba kaming magpakasal sa Catholic? Or kahit civil wedding lang po?
What is my right to speak for my right being a wife and living with my mother in law who happens the owner of the temple and now that she is old enough and might die someday ?
And she is trying to put the name of my husband’s sister who is also living with us.
Do I have the right to change this agreement as a wife?
if my wife agree that she would not ask any centavo or property from husband because they are not together as real husband and wife and she welling to signed any document of deceleration without pressure her is that okey
Hi, i have a live in partner for 4yrs now, he is separated but no formal annulment from previous marriage , they had not been living together for 2 years when I had started the relationship with him. He has a kid from previous marriage which is 17 yrs old at the moment. He had been providing up to date for his son.
I wanna know what are the steps we should do for annulment? HOW MUCH does it usually cost? The previous wife had a history of confinement in a Basement of the hospital several time, another reason thats why he actually separated from the previous wife
Thank you for the article. It is very helpful.
Does cohabitation under Art 148 entitle the partner or “spouse” to employment benefits of his or her spouse as a dependent?
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Dear Atty. Fred, Common-law marriage between a Persian and a Filipina. Lahat ng assets na binili nung guy ipinangalan nya sa girl including his business. They are having problems. Nagloloko yung girl. Tinitiis lahat nung guy ang mga ginagawa nung girl para lang ma-save ang relationship at lahat ng pinaghirapan nyang ipundar dito sa Pilipinas. Ngayon dahil napupuno na yung guy gusto nya alisin sa name ng girl lahat ng naipundar nya especially yung negosyo. Ano po ang magandang solusyon?
Hi la chika. I’m sorry but that one calls for a legal advice. Can’t do that in this forum.
i live in Belgium,,and i am married in Belgium whit a Philippine women in November 2018 and we have a shild together from February 2019
she dit not go to the interview of the embassy,,so the visa was rejected
i get a picture and video that there was and other men in her bed,in his underwear and that he come out of the shower,that he cook there,,,and that he is there a lot,she even wash his clothes in may 2019
i have proof of all that
she is rude,,and refuse contact whit my child regularly
i also have to tel that we never lived together,she always find a reason not to want that
can i sue this men,,now she ignore me al the time and no contact whit my child
what are my rights and wat i can do
can i file a complain ass sheating, and can i sue that guy
and what would be the consequences for my wife and that man
i live in Belgium,,and i am married in Belgium whit a Philippine women in November 2018 ==is wrong ,it have to be
i live in Belgium,,and i am married in philipines whit a Philippine women in November 2018
corection of the tekst
i live in Belgium,,and i am married in the philipines whit a Philippine women in November 2018 and we have a shild together from February 2019
she dit not go to the interview of the embassy,,so the visa was rejected
i get a picture and video that there was and other men in her bed,in his underwear and that he come out of the shower,that he cook there,,,and that he is there a lot,she even wash his clothes in ,al that happend from may 2019 til now may 2020
i have proof of all that
she is rude,,and refuse contact whit my child regularly
i also have to tel that we never lived together,she always find a reason not to want that
can i sue this men,,now she ignore me al the time and no contact whit my child
what are my rights and wat i can do
can i file a complain ass sheating, and can i sue that guy
and what would be the consequences for my wife and that man
Hi Eric. You may want to read this related article: https://pnl-law.com/blog/a-brief-discussion-on-infidelity-concubinage-adultery-and-bigamy/
Good luck.
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I just want to ask. What is the official marital status of live in couples when filling out forms? Is it single or married?
Hi Jamail. “Married,” as an official status, refers only instances when the couple are legally married. It does not cover live in or “common law marriages.” Good luck.
My uncle has a live in partner for almost 20 years but they didn’t had a child but his live in partner has a child on her 1st husband. Does the live in partner of my uncle has any rights on my uncles inherited from his parents real estate property?
Atty can I file adultery to my common law wife
Hi Rick. Adultery/concubinage requires a valid marriage (common-law “marriage” is strictly not a valid marriage). Please see this related discussion: https://pnl-law.com/blog/a-brief-discussion-on-infidelity-concubinage-adultery-and-bigamy/
Good day,
Atty me tanong lang po ako. What if in a live in relationship tas namatay ang partner mo at me naiwang mga property. Me karapatan ba ang ka live in? pero ang naka lagay sa SAln yung nanay ng namatay kasi buhay pa naman? I’ll wait for your response. Thank you
Hello Atty. Fred
May i ask regarding your in the story below:
The property of my grandmother is for sale, she died 10 years ago and the surviving heirs wishes to dispose the property. Said property was not transferred to the name of heirs (sons and daughters) until now. Since there is an urgent need the property is up for sale, the problem is out of the Four(4) heirs only two is alive while 1 of the deceased heir only has 1 single daughter and the other heir have 2 sons: the first died of few years ago leaving a wife and children and his brother single living with common law. My questions is what is the share of the 1 heir with two sons?
Thank you very much
hello sir, I’m here to ask about if its allowed to have a foreigner bf/husband living in philippines even if I’m a government employees,? thank you for your reply.
I was living with a Philippine lady for 16 years. who last November she committed suicide.
I bought a house 10 years ago and we had lived there since. I also took care of her son (not mine) and a daughter of her sister.
I have moved out and her son now lives there. I now live in Thailand.
The question is do I have any claim on the property?
We were intended to get married but unable to due to her still being married to a Pilipino
Thank you
Anthony Mitchell
Hello Atty Fred;
I’m 70 yrs old naturalized US citizen. Been married with a Filipina With a judge who came to my Hotel and executed our marriage but never lived together not a single day after the honeymoon.
FNow I have a living partner for 6-7 years. She have a 8 year old daughter from other relationship . We have a four year old son together. I’ve learned from her they have a violent past . Their father beats them when they do wrong in the past. family have violent past. Their father beaten them and her mother .
Anyway she has a violent past that when minor she was confined at DSWD being minor working as strip dancer in a bar. After getting uncontrolled violence she was confined at Mental Hospital during that period , that according to her.
Now if her violence triggers and provokes to have a fight with me, I ended up being arrested for those self inflicted minor injuries. It’s been going on and on inflicting own injuries calling s police and ended up arrested for AR 9262 which she is familiar with and knows i have no defense on it. Now I have pending case and writing this being confined at the headquarters of MPD trying to post bail.
I’m still residing in my USA and come to visit At least four times a year here in the Philippines. There was no time she always have her violence in nature though never did i put a hand on her.
During our relationship i have provided her with everything to make her happy. I’m a widower and seems to start my life with her as her looks resemblance with my first wife.
I bought her a house and lot, cars, jewelry monthly allowance of 50,000 php per month. Tried to start her with several businesses that failed body augmentations that cost me thousands of money.
Now it seems due to AR 9262 there’s no way to defend myself. We had accumulated millions of properties I would like to separate with her before she puts me to jail as where I am now.
What’s my legal remedies to get out of the situation . I’m willing to give her half of our assets although it’s all my efforts.
Hi attorney. Gusto ko lang pong malaman kasi yung ex partner ko po eh gusto ko nang hiwalayan dahil hindi ko na po kayang makisama ang gusto po niya is kasuhan ako and ipatanggal ako sa trabaho dahil may babae daw po ako. We’re living ogether for 2 years palang po and may baby po kami na sinabi ko naman po na willing akong magaustento pero ang gusto po nila is pati yung bahay na titirhan niya ako magbabayad. Ano po kayang pwede kong gawin?
Hi. My situation is complicated. I’m wife #3 and we have been living together for 10yrs with 1 kid. He got married to his 1st wife, they had 1 kid but they separated after a year. He got “married” again with wife #2 though he was still married to wife #1. He had 2 kids with wife #2 and there was a marriage certificate from NSO that they got married though technically it was void and they had 2 kids. These all happen prior to our living together. At present and also prior to our living together, he is annulled to wife #1 and his wife #2 had “divorced” him while his wife #2 lives in USA with her new kids. Since his wife #2 already had a family in the States, their 2 kids stayed with us since they were left under my husband’s care. What is my right now as his common-law wife? He bought a house for us and had also a life insurance in which our child was the principal beneficiary. He tried to asked from his wife #2 a copy of their divorce paper but until now she is not providing it. How are we going to have a valid marriage? If worse comes to worse, what right do I have to claim for his benefits esp. we have a kid. My concern is against wife #2 bec. she might claim all the benefits since they had an NSO certificate that they are “married” here in the Philippines though in reality she’s already married in the States, but here in the Philippines, divorce is not being acknowledged.
hi po, gusto ko po sana itanong, 9years na po kani ng partner ko. at ngleave in na kami for almost 5years at we have a 3 years old child. just this day, nalaman ko na meron sya iba. Gusto ko ilayu ang anak ko sa kanya. Ang taning ko po, MY RIGHT BA AKO NA KUNIN ANAK KO?
Dear Atty Fred,
I want to seek legal advice from you regarding my daughter who was living in for 12 long years with her common law husband.They born four young children ages 9,8,7 and one year old.The common law husband died last Sept. 20,2020 at the age of 35 yrs old due to accident,there was an autopsy report from SOCO personnel.He was a fireman personnel for 8long years.My question atty Fred,what are the legal rights of my daughter regarding all the claims from the work of the death of his common law husband, taking into consideration that all her four young children are in her custody. About the survivorship monthly pension of her minor children,,who is the entitled name to receive the pension,,is it the parents of the died partner (being him still single) or can my daughter possibly have the right to ask within the bounds of law,that the monthly survivorship pension of her children be in her name because my daughter wil bel coming home transferring to live in our hometown, Gingoog City,,They have a home in Camiguin Province,,but she choose to come home to my homeplace,,From all the claims from his common law husband,,how much percentage will then be the sharing that will go to his parents and how much is for her children,,I hope Atty Fred,you can give me an advice to enlighten our mind to claim the just rights of my young grandchildren within the bounds of law and not be denied of their justice,,thank you and more power,,
Lucille
Grandmother
Hi Atty. Fred,
I have a live-in partner and would want to know if he can get my health care benefits. We are not married nor have been married previously. Would it be possible? or would they only allow legally wed couples?
Hi ask ko lng po if may karapatan po yung live in partner ng kuya ko sa mga gamit po niya nasa bahay, yung brother ko po is namatay na po, meron po sikang dalawang baby ng live in partner niya pero hindi po sila nakatira sa bahay, may pinagawa po na bahay yung kuya ko para dun sa live in partner niya, dinaan po kasi ng live in partner ni kuya sa barngay ang pag kuha ng lahat ng gamit ng kapatid ko sa bahay, and pati po pagiging caretaker ng lupa na natatayuan ng bahay nmin is sakanya dn po binigay ng may ari, family po nmin ang caretaker ng lupa for more or less 70 years po
Hi Atty.
I am seeking your kind advise for my friend. She was a common wife for about 8yrs.with a married man. And sadly,her partner died recently. The legal family was based in U.S and they are not interested in all the properties left except for his eldest sister…
May laban ba sya s mga property na naiwan?
Atty Fred,
Naghiwalay po kmi ng leave in partner ko, ung sasakyan nakapangalan sa kanya pero may mga resibo po ako sa mga binayad ko. Pede ko po ba iclaim ung nga binayad ko sansasakyan? Ung sasakyan po nakapangalan sa kanya. Ty
Hello Atty. Fred,
It’s about by Aunt, she’s living with this married man for more than 15 years. She then found out now that this man has another woman but won’t leave my aunt unless she give him half of her properties. Is this legal/ does he have a right to demand that? If so, does my aunt also have a right to half of his properties? Thank you!
Hello Atty.
I have a lesbian ex-partner our relationship last for 12years. We live together for 8years. 5 months after we broke up she was asking me to pay the half of the liabilities we spend when we are still together like credit card that is under her name. She said that she will be sending a demand letter for me to settle the said amount. I would like to know if there is a law that I am liable to pay for the said amount or if she has the right to file a demand letter for me. There is also liabilities left under my name but I didn’t ask for anything.
Goodmorning sir ..can a common law husband benefits on my insurance?
Hello,
Do the two parties have to live together consecutively for a specified amount of time to be considered common – law – i.e in British Columbia Canada it s a 2 year minimum in order to be able to claim common law status.
Many thaks
Cathy.
hello po atty fred .ung article 148 ano po ang karapatan ng illegal wife yung father at mother ko po legally married.my father pass away last december at isa po syang public servant in 19 years .kapitan po sya sa aming brgy .wala po syang work ung nagsama po sila ng father ko .kasi sabi po nia sya po nagpagawa ng building.pero ang nagpagawa ng building ung father ko with 3storey at paupahan po siya . pero ung property po under by name my three brothers PNR asso. yung buhay po ang tatay ko sya po ung kumukuha ng renta at hindi po ang mother ko.may karapatan po ba ang mother ko n sya na ang maningil ng paupahan at hindi na po yung step mother ko kasi po wala naman po sya maipakita na meron syang actual contribution n sya ang nagpagawa ng bldg .
May property po ang ljve in parrtner ko na morgage house sa pag ibig pero ito ay nakuha 12 year na kamjng nagsasama at may anak kami na 11 yrs old na ng panahong iyon.bagamat me work xa hindi sapat kinikita nya para mabayaran ang amortjzation ng bahay madalas na napapalya ang hulog dto dahil hati ang kanyang kita kc may mga ank xa sa kanyang unang asawa na kanyang sinusuportahan sa ganung pagkakataon ako na gumagawa ng paraan nanjan mag apply ako sa dswd na mag census at sa psa at naging ahente ako ng bahay sa filinvest at taong 2016 nawalan xa ng work due to health condition at ako na ang nagtaguyod sa aming pamilyA namasukan ako bilang brgy womens desk officer at cabo ng STL at nagbukas ako ng maliit na tindahan sarisari store uoang matugunan aming pangangailangan. Mula 2016 hanggang sa xa ay mamatay last sept 18.2020 ako ang nagtaguyof sa aming pamilya sa tulong ng aking ank sa una kong asawa. Updated po ang aming bahay sa pagbabayad sa pag ibig.. Pero pp ng among i process sana hinahanap po ang legal wife nya.. May karapatan ba ako sa bahay gayong ako ang nagsakripisyo na mabayaran monthly nito at sa application sa pag ibig single ang status nya at isang beneficiary meaning anak namin.. Anak namin ay apilyedo nya ang gamit. May pag asa ba na mapasaamin ang bHay.. Sana po matulungan nyO ko.. BY answering tru my email address salamat po..
Jennifer
Ived been living with my partner for 13 years. Always cheated on me and lately i found out he has children before our 3 children ages 12 ,10 and a newborn. He is always out for work in a construction company they own and always gets home late 9pm onwards and even has office on holidays. Doesnt respect me talk brutalky on our children but kind in other days. Should i decide to leave him, what right do i have on my kids and what will be the proper setup for us. They are rich and i dont have money to put up a case against him for i know how they can get justice to be on their side uaing millions. Please advise me. Thank you.