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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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?