Quick answer

When a couple lives together without a valid marriage and one partner dies, the surviving partner's rights are very different from those of a legal spouse, and this often causes hardship and disputes. The crucial point is that a common-law or live-in partner is not a compulsory or intestate heir of the deceased; under the law on succession, only a legal spouse (validly married), together with the other compulsory and intestate heirs (children, parents, and so on), inherits from the deceased. So a surviving live-in partner generally cannot inherit from their deceased partner by intestate succession, and the deceased's estate passes to the deceased's legal heirs. The surviving partner, however, is not necessarily left with nothing: they retain their share in the property acquired during the cohabitation under the co-ownership rules of Article 147 or 148 of the Family Code (depending on whether there was a legal impediment). Under Article 147 (partners capacitated to marry each other), property acquired through their joint efforts during cohabitation is presumed owned in equal shares, so the survivor keeps their one-half share of such co-owned property (which is theirs, not part of the deceased's estate), and only the deceased's share passes to the deceased's heirs. Under Article 148 (with a legal impediment), the survivor keeps only their proportionate share based on actual contribution. Additionally, the deceased could have provided for the surviving partner through a will, but only within the free portion (the disposable part not reserved as the legitime of the compulsory heirs), and donations between partners are generally void except moderate gifts. So a surviving live-in partner cannot inherit as an heir but keeps their share of the property they co-owned with the deceased, and may benefit from the deceased's will only within the free portion.

Not a Legal Heir

A common-law/live-in partner is not a compulsory or intestate heir. On the partner's death, the estate passes to the deceased's legal heirs (spouse, children, parents), not the surviving partner by intestacy.

But They Keep Their Co-Owned Share

The survivor keeps their share in property acquired during cohabitation under Article 147 or 148. Under Art. 147 (free to marry), jointly acquired property is presumed equal, so the survivor keeps their one-half (theirs, not part of the estate). Under Art. 148, only their proportionate share by contribution.

Benefiting via a Will (Limited)

The deceased could provide for the partner by will, but only within the free portion (not the legitime of compulsory heirs). Donations between partners are generally void except moderate gifts.

Practical Takeaways

Frequently Asked Questions

Can a common-law partner inherit from the deceased? No. A common-law or live-in partner is not a compulsory or intestate heir. They cannot inherit by intestate succession, and the estate passes to the deceased's legal heirs.

Does the surviving partner get anything? Yes, their share in the property acquired during the cohabitation under the co-ownership rules of Article 147 or 148. Under Article 147, they keep their one-half of the jointly acquired property, which is theirs and not part of the estate.

Can the deceased provide for a live-in partner? Yes, through a will, but only within the free portion, the part of the estate not reserved as the legitime of the compulsory heirs. Donations between partners are generally void except moderate gifts.

Is the survivor's co-owned share part of the estate? No. Under Article 147, the survivor's one-half of the jointly acquired property belongs to them by right and is not part of the deceased's estate. Only the deceased's share passes to the heirs.

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.