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! 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