Live-in couples in the Philippines do not follow conjugal partnership rules. If both partners were free to marry each other, Article 147 of the Family Code applies and property acquired while living together is co-owned in equal shares. If one partner was still married to someone else, Article 148 applies and only property proven to be jointly paid for is shared.
Many Filipino couples build a life together — a house, a car, savings, a small business — without ever getting married. When the relationship ends, or when one partner dies, a hard question surfaces: who owns what? Because there is no marriage, the rules on absolute community and conjugal partnership do not apply. Instead, the Family Code provides two special property regimes for couples living together without a valid marriage: Article 147 and Article 148. Which one governs depends entirely on whether the partners were legally free to marry each other.
Why Your Marital Status Changes Everything
Property relations between spouses are governed by the marriage’s property regime. Property relations between people who merely live together are not — there is no marriage to attach a regime to. The Family Code fills this gap with two provisions that treat cohabiting partners as co-owners rather than as spouses. The dividing line is a legal impediment to marriage: if none exists, Article 147 applies; if one exists, Article 148 applies. The two articles produce very different outcomes, so identifying the correct one is the first step in any dispute.
Article 147: When Both Partners Are Free to Marry
Article 147 governs couples who are capacitated to marry each other — both single, of legal age, with no existing marriage — and who live exclusively with each other as husband and wife without the benefit of a valid marriage. It also governs the property of a marriage later declared void, for example on the ground of psychological incapacity under Article 36. The Supreme Court confirmed this in Valdes v. Regional Trial Court, G.R. No. 122749 (July 31, 1996), ruling that when a marriage is void, the parties’ property is liquidated under the co-ownership rules of Article 147, not under conjugal partnership rules.
Under Article 147, the key consequences are:
- Wages and salaries earned by each partner are owned by them in equal shares.
- Property acquired while living together is presumed to have been obtained through their joint efforts and is owned in equal shares, unless the contrary is proven.
- A partner who did not earn income is still deemed to have contributed to the acquisition if that partner’s efforts consisted of caring for and maintaining the family and the household. In other words, homemaking counts as a contribution.
- Neither partner may sell or encumber his or her share in the co-owned property without the other’s consent while the cohabitation continues.
The homemaking rule is Article 147’s most important feature: a stay-at-home partner who never earned a peso can still be a half-owner of the house and other property bought during the relationship.
Article 148: When One Partner Is Still Married to Someone Else
Article 148 governs couples who are not capacitated to marry each other — most commonly where one or both partners are already married to another person — or who do not live exclusively as husband and wife. Here the rules are far stricter:
- Only property acquired through the partners’ actual joint contribution of money, property, or industry is owned in common, and only in proportion to each partner’s contribution.
- Homemaking is not credited. Unlike Article 147, there is no presumption that a non-earning partner contributed. A partner must prove he or she actually helped pay for the property.
- If one partner is validly married to another person, that partner’s share in the co-ownership does not stay with the relationship — it accrues to the absolute community or conjugal partnership of the existing valid marriage.
The Supreme Court applied this in Agapay v. Palang, G.R. No. 116668 (July 28, 1997). There, a married man cohabited with a much younger woman and property was purchased during the relationship. Because the man was still validly married, Article 148 applied, and the woman was required to prove her actual financial contribution to the land. She could not, so she was not recognized as a co-owner, and the property was held to belong to the man’s conjugal partnership with his lawful wife.
What Happens When a Live-In Relationship Ends
When cohabitation ends — by separation or by death — the co-owned property is partitioned according to the applicable article. Under Article 147, that usually means an equal split. Under Article 148, it means dividing only the jointly funded property in proportion to proven contributions. Two further rules protect innocent parties and children:
- If one partner acted in bad faith — for example, knew of a legal impediment — his or her share may be forfeited in favor of their common children, or in default of children, the innocent partner.
- A live-in partner is not a legal heir. Without a will, a surviving partner inherits nothing from the deceased partner’s estate, though property already co-owned remains the survivor’s own. To leave property to a partner, a person must execute a valid will covering the free portion of the estate.
Practical Steps to Protect Yourself
Because these disputes turn on proof, documentation is everything. Partners who buy property together should keep receipts, bank records, and titles reflecting both names, and should be clear about which regime applies to their situation. Where one partner is still legally married, that partner may wish to pursue annulment or declaration of nullity before acquiring significant property, to avoid Article 148’s harsh consequences. A partner intending to provide for the other should also consider a will, since cohabitation alone creates no inheritance rights.
Frequently Asked Questions
If we are not married, who owns the house we bought while living together? If both of you were legally free to marry each other and lived exclusively as a couple, Article 147 applies and the house is presumed co-owned in equal shares — even if only one of you earned the income — because caring for the family and household counts as a contribution.
What is the difference between Article 147 and Article 148? Article 147 applies when both partners can marry each other; property is presumed jointly acquired, owned equally, and homemaking is credited. Article 148 applies when there is a legal impediment, such as an existing marriage; only property proven to be jointly funded is shared, in proportion to contribution, and homemaking is not credited.
My partner is still legally married to someone else. Do I have property rights? Your relationship falls under Article 148. You have rights only over property you can prove you actually helped pay for, in proportion to your contribution. Your partner’s share may instead go to the conjugal partnership of the existing valid marriage.
Do live-in partners inherit from each other? No. A live-in partner is not a compulsory or intestate heir. Without a will, a surviving partner inherits nothing by law, although property already co-owned remains theirs.
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 property rights, cohabitation, or your options under the Family Code, 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.