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]
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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?