Short answer. No. Article 147 of the Family Code expressly prohibits either partner from selling or encumbering their share of co-owned cohabitation property without the other partner's consent while the cohabitation is ongoing. A sale or encumbrance made without that consent is made without authority to dispose of what is yours.
What the law says
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.
Family Code, Article 147 — Property of Unions Without Marriage (Both Capacitated). Read the full provision →
The consent requirement under Article 147
Article 147 of the Family Code states: "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." This is an explicit prohibition during the cohabitation. Your partner cannot sell their share — let alone the entire property — without your agreement, and the restriction lasts for as long as you are living together.
Which property this covers
Article 147 applies to property acquired through the work or industry of either or both partners during the cohabitation. The law presumes that property acquired while you lived together was obtained by joint efforts, including the effort of a partner who cared for the family and household rather than earning a salary. If the property falls within this co-ownership, both partners hold an equal share — and neither can deal with that share independently while the cohabitation continues.
Who this article covers
Article 147 applies to couples who are both capacitated to marry each other — meaning neither has a legal impediment to marrying the other, such as an existing valid marriage to someone else. Both must be legally free to marry and must be living together exclusively as partners. Couples where one or both have a legal impediment to marry fall under a different provision with different rules.
What to do if a sale has already occurred or is being threatened
If your partner has already sold or is threatening to sell property covered by Article 147 without your consent, the unauthorized sale of your share affects your rights and the rights of any third party who bought without knowledge of the co-ownership. Taking immediate steps to protect your interest — including annotating the title if one exists, and consulting a lawyer about your remedies — is advisable. The restriction exists precisely because these disputes are common and property rights in cohabitation arrangements are easily overlooked.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Simon R. Paterno vs. Dina Marie Lomongo Paterno, G.R. No. 213687, January 8, 2020 — read the decision on LawPhil →
- Alain M. Diño vs. Ma. Caridad L. Diño, G.R. No. 178044, January 19, 2011 — read the decision on LawPhil →
- Lucila David and the Heirs of Rene F. Aguas, namely: Princess Luren D. Aguas, G.R. No. 241036, January 26, 2021 — read the decision on LawPhil →
- Lani Nayve-Pua vs. Union Bank of the Philippines, G.R. No. 253450, January 22, 2024 — read the decision on LawPhil →