What Would Be The Property Relation Between Live-In Partners?



If the spouses are not married to each other, how would be their property governed?

When a man and 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.

What is the presumption of the properties acquired while the common law spouses lived together?

The properties acquired while the common law spouses 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.

Can a party encumber or dispose his/her share in the property without the consent of the other?

Neither party can encumber or dispose his/her share in the property acquired during the cohabitation and owned in common without the consent of the other, until after the termination of their cohabitation.

What would happen to the property of the party in bad faith in a void marriage?

The share of the property of the party in bad faith in a void marriage shall be forfeited in favor of their common children.  If no common child or any of the children waive the share, each vacant share shall belong to the respective surviving descendants.  If no descendant at all, the share shall belong to the innocent party.

If both parties suffered legal impediments to marry, how would their properties be governed?

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.

If one of the parties is validly married to another, what would be the treatment on his/her share of the property?

It shall be accrued to the absolute community or conjugal partnership existing in such valid marriage

Source:  The Family Code of the Philippines

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