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.
xxx…
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.
