Property Regime of Unmarried Couple Living Together

It is common nowadays, for practical reasons, that couples live together as husband and wife without getting married. When the relationship turns sour, the most common issue that needs to be resolve is: how will be the properties acquired by the couple divided considering that they are not married?

Let me discuss how the properties of Filipino couples who are not married but living together as husband and wife will be divided in case they separated. The provisions under the law can be found in Executive Order No. 209 otherwise known as the Family Code of the Philippines specifically under Chapter 7, Articles 147 and 148.

Article 147 provides as follows:

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 above provision tackles the situation wherein both parties are capacitated to marry each other, meaning they are both single and with no legal impediment and are living together under the following instances:

a.       Living together without getting married; or

b.      The marriage is void. The following marriages are void (Article 80, 81, 82 of the Civil Code of the Philippines:

Article 80:

                                                         i.            Those contracted under the ages of sixteen and fourteen years by the male and female respectively, even with the consent of the parents;

                                                ii.            Those solemnized by any person not legally authorized to perform marriages;

                                                      iii.            Those solemnized without a marriage license, save marriages of exceptional character;

                                                     iv.            Bigamous or polygamous marriages not falling under article 83, number 2;

                                                       v.            Incestuous marriages mentioned in article 81;

                                                     vi.            Those where one or both contracting parties have been found guilty of the killing of the spouse of either of them;

                                                    vii.            Those between stepbrothers and stepsisters and other marriages specified in article 82

Article 81:

                                                         i.            Between ascendants and descendants of any degree;

                                                       ii.            Between brothers and sisters, whether of the full or half blood;

                                                      iii.            Between collateral relatives by blood within the fourth civil degree.

Article 82:

                                                         i.            Between stepfathers and stepdaughters, and stepmothers and stepsons;

                                                       ii.            Between the adopting father or mother and the adopted, between the latter and the surviving spouse of the former, and between the former and the surviving spouse of the latter;

                                                      iii.            Between the legitimate children of the adopter and the adopted.

 All the properties acquired during the time when they lived together as husband and wife are owned by them in equal shares and is co-owned. Even if the other party is not working and just stays home, the law presumes that he or she also contributed to the properties acquired. But, it is reiterated that in order that the presumption that both of them contributed jointly in the acquisition of the properties will apply, the other party must have exerted efforts in the care and maintenance of the family and of the household.

In view of the fact that the properties are subject to co-ownership, it cannot be encumbered or disposed such as by sale or donation or other modes by one party only without the consent of the other, even if what is being disposed is only the other party’s share. But if their cohabitation or living together already ended, the other person may dispose of his or her share.

The last paragraph in Article 147 talks about good faith by one of the parties in a void marriage. This is a case wherein the other party does not know that the marriage is void. Take for example a bigamous marriage when the other party misrepresented as being single and with no legal impediment to get married. In this case, the share of the person in bad faith in the properties will go to their children. If there are no children, the innocent party or the one on good faith will own the share of the other. Therefore, all their properties shall belong to the party in good faith.

Another situation between couples living together is when one or both of them are married to another person and the marriage still exists. Article 148 of the Family Code will govern. This provision states that:

Art. 148.

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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 share 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.

It is clear from the above provision that the share of the party who is married shall be considered as part of the properties of the valid marriage. So, the legal family has a right over the properties acquired by the “live-in” couple with respect to the half portion of it.

There have been many instances when there is no marriage, during separation the properties are claimed by the party who is employed and is earning, while the other who just stays at home taking care of the family is left with nothing.

Also, for those families wherein the husband or wife left them and lived with another person, they still have a right to claim the half portion of the property in case the husband or wife died.

It is important to have basic knowledge of the law so you can protect your rights.

You can post your questions and opinions for a healthy discussion.