When a marriage is declared void, one might assume the property is split like a valid marriage's community, but that is not so: a void marriage does not create an absolute community of property or a conjugal partnership of gains, because those regimes presuppose a valid marriage. Instead, the property relations of parties to a void marriage are governed by the special co-ownership rules in Articles 147 and 148 of the Family Code, and the applicable article depends on the parties' capacity to marry. Article 147 applies when the parties were capacitated to marry each other (no legal impediment) but their marriage is void (for example, void for lack of a formal requisite, or for psychological incapacity). Under Article 147: wages and salaries are owned in equal shares; property acquired by both through their work or industry is governed by the rules on co-ownership and is presumed to have been obtained by their joint efforts, owned in equal shares, even if one party did not actually contribute, provided that party's efforts consisted in the care and maintenance of the family and household; and neither party may encumber or dispose of their share in the co-owned property acquired during cohabitation without the consent of the other until the co-ownership is terminated. Article 148 applies when there was a legal impediment to the marriage (for example, a bigamous void marriage, or an adulterous relationship). Under Article 148, only the properties acquired by both parties through their actual joint contribution of money, property, or industry are owned in common in proportion to their respective contributions; mere cohabitation or care of the household does not count as a contribution, and the share of a party who is validly married to another accrues to that valid marriage's property. So when a void marriage is liquidated, the property is divided not as a marital community but under the co-ownership rules of Article 147 (if the parties were free to marry) or Article 148 (if there was an impediment).
No Community in a Void Marriage
A void marriage creates no absolute community or conjugal partnership. Instead, property is governed by the co-ownership rules of Articles 147 or 148, depending on the parties' capacity to marry.
Article 147 (Free to Marry)
When the parties were capacitated to marry each other but the marriage is void: wages shared equally; property from their work is co-owned, presumed equal (even if one only did household care); and neither may dispose of their share without consent until the co-ownership ends.
Article 148 (Legal Impediment)
When there was a legal impediment (e.g., bigamous/adulterous): only property from actual joint contribution is co-owned, in proportion to contributions. Household care alone does not count, and a share may accrue to the existing valid marriage.
Practical Takeaways
- A void marriage's property follows co-ownership, not a marital community;
- Art. 147 (free to marry) presumes equal shares;
- Art. 148 (impediment) requires actual contribution.
Frequently Asked Questions
How is property divided when a marriage is void? Not as a marital community. A void marriage creates no absolute community or conjugal partnership. The property is governed by the co-ownership rules of Article 147 or 148 of the Family Code.
When does Article 147 apply? When the parties were capacitated to marry each other but their marriage is void, such as for lack of a formal requisite or for psychological incapacity. Property from their work is co-owned and presumed equal.
When does Article 148 apply? When there was a legal impediment to the marriage, such as a bigamous or adulterous relationship. Only property acquired through the parties' actual joint contribution is co-owned, in proportion to their contributions.
Does caring for the household count as a contribution? Under Article 147, yes, it is treated as contributing to the acquisition of property. Under Article 148, mere cohabitation or care of the household does not count as a contribution.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.