COMMON-LAW MARRIAGE

(LIVE-IN RELATIONSHIPS) IN THE

PHILIPPINES
By: Atty.Fred | November 4, 2006 in Family Law
69 Replies | Related posts at the bottom of article
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-avis 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.
Im 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 formers 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
propertys 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. (Citations
and more discussions at Wiki.LawCenter.ph)
Related Posts:
1. Presumptive death of a spouse for subsequent marriage
2. Marriage Settlement (Prenuptial Agreement) and
Introduction to Property Relations in Marriage
3. System of Absolute Community: Property Relations in
Marriage
4. A brief discussion on Infidelity, Concubinage, Adultery
and Bigamy
5. Premature Marriage No Longer a Crime
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69 thoughts on Common-law marriage (live-in

relationships) in the Philippines

ms_agnesDecember 14, 2006 at 3:31 am

1.

how about if the petitioner is a Japanese national with a prior

marriage to a filipina which has not been annuled? is he entitled to
get any share from the business and properties acquired during his
cohabitation with the defendant (filipina mother of 2)? all loans
used for the properties and businesses are made by the defendant.
Cash used are from the investors who are enjoying privileges
which are being given by the defendant.
Reply

Atty. FredPost authorDecember 15, 2006 at 5:07 am

2.

Agnes, it really isnt clear in what capacity is the Japanese a

petitioner and the Filipina a defendant. Its also not clear if
there are two separate relationships (with the use of the terms
prior marriage and cohabitation). There are so many questions
that must be answered but I cant ask (and please dont answer)
because this is not allowed in this site (please see Terms of Use). I
hope you understand.
Reply
3.

katrobles24March 17, 2007 at 4:16 am

what
happens
in
this
situation:
man was previouly married and civil annullment is pending for the
last 20 or so years (this was not disclosed to 2nd wife), church
annullment document was provided and woman marries the man.

now the man wants leave the current wife to be with another
woman after 18 years. Man tells woman that supposed marriage
is invalid since anullment was not final (man shows up in NSO
with 2 marriages) and woman does not have a right on the
conjugal propery. what kind of rights does the woman have with
regards to property that came out of the 18 years of cohabitation?
and what are appropriate next steps?
Reply

Atty. FredPost authorMarch 20, 2007 at 5:05 am

4.

Kat, I added the full text of Article 148 of the Family Code in the
post above. Youll find the answers there.
Reply

janeApril 3, 2007 at 5:09 am

5.

do i have the right to ask for financial support with my x live in

partner? im still 3 mos pregnant? what should i do? he must be the
responsibilty of having a baby.. hope u can help
Reply

janeApril 3, 2007 at 5:11 am

6.

do i have the right to ask for financial support with my x live in

partner? im still 3 mos pregnant? what should i do? he must be
feel the responsibilty of having a baby.. hope u can help
Reply
7.

jzolJune 30, 2007 at 11:39 am

Hi Atty Fred,
I have an Aunt, she lived with this man for 20 years out of
wedlock, because the latter have a prior legal marriage. Now, the
man died, left in a bank is a certain amount of money. I would just
like to know if my aunt has legal rights to claim the money to the
bank, if yes, what do we need to do to have the bank aggreed on
this process. Thanks in advance for your reply. =)
Reply

Atty. FredPost authorJuly 5, 2007 at 1:07 am

8.
Jzol,

Thank you. First off, Im prohibited from giving any legal advice,
so lets limit this to giving you legal information. As discussed in
the article, only the properties acquired by both parties through
their actual joint contribution of money, property or industry shall
be owned in common in proportion to the respective
contribution. In the absence of proof to the contrary, the sharing
is equal. Im sure that if you ask your bank about this, they will
refer that question to their lawyers. I suppose they would say that
since the account is under the name of the guy (not a joint
account), then it goes to him or to his legal heirs (and that would
be the legitimate family and the illegitimate children). Just try to
ask the bank and check what they would say. Thanks.
Jane,
In general, a father (regardless of whether the child is legitimate or
illegitimate) is under obligation to give support.
Reply

9.

Pingback: Marriage Settlement (Prenuptial Agreement) and

Introduction to Property Relations in Marriage at Philippine eLegal Forum
10.
Pingback: Increasing live-in relationships in the Philippines?
at Atty-at-Work
11.

Ms. ANovember 2, 2007 at 5:55 pm

Hello Atty. Fred,

does a common-law marriage start with day 1 of living together
i.e. in a commonly rented apartment or as of what point? And by
what aside from evident separation is such a common-law
marriage interrupted? Im asking due to a European friend
moving in but also being gone for months to work elsewhere
(outside Philippines)? Thanks for your reply.
Reply
12.

Atty. FredPost authorNovember 15, 2007 at 1:55 pm

Ms.A, theres no exact time provided, bt the phrase live

exclusively with each other will give yoU an idea. Good luck.
Reply
13.

mrandmrsMay 14, 2008 at 9:21 am

Hello Atty. Fred,

If a couple only got married because the woman was impregnated
(they werent together officially when it happened) and later on,
half of the couple realized that the marriage was a mistake and
shed like to cohabit with another man, is that grounds for

annulment? If the husband and wife have agreed to live in separate

homes and the wife decides to live with another, is that
acceptable?
Thank you in advance for your response.
Reply
14.

danhoJuly 29, 2008 at 5:28 pm

hi, atty, fred,

a man legally marriage with woman A, and after 5 years, he living
together
with
woman
B.
in
the
next
30
years.
he has two houses, one for woman A, one for woman B, and he
stays with woman B about 80% of the days, 20% with woman A.
now he dead, no will, woman A has children with the man, woman
b
has
no
children.
children of woman A, woman A, and woman B are all alive now
from your article, i think woman B are in common law marriage
with the man, and woman A is in a normal legit marrage. the code
said the property should be shared equally between the husband of
wife.
but he got twi wifes, so how should the properties under his name
shared/ inherited ?
Reply
15.

niannerosJune 15, 2009 at 10:09 am

in the separation of live in partners.. what are the rights of the

common children? can the properties be divided equally including
the children? or the common children can only demand financial
support? what if the father have no job and the only support he
could give are the monies he could get from the separation?
Reply
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