Even without a valid marriage, the property relations of a man and a woman who live together as husband and wife are governed by the Family Code, principally Articles 147 and 148. Article 147 applies when the couple are capacitated to marry each other (no legal impediment) but simply live together without the benefit of marriage, or under a void marriage. In this case: their wages and salaries are owned in equal shares; and property acquired by both through their work or industry is governed by the rules on co-ownership, generally presumed to have been obtained by their joint efforts and owned in equal shares, even if one did not participate in acquisition, as long as that party's efforts consisted in the care and maintenance of the family and household. Article 148 applies when there is a legal impediment to the marriage (for example, one or both are married to other persons, as in an adulterous or bigamous relationship). Here the rules are stricter: 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 care of the household does not count, and a party's share may go to the existing valid marriage. So live-in partners do acquire property rights, but the extent depends on whether they were free to marry each other.
Two Governing Articles
The property of a couple living together without a valid marriage is governed by the Family Code — Article 147 (no legal impediment) or Article 148 (with a legal impediment).
Article 147 (Free to Marry)
When the couple are capacitated to marry each other: wages are shared equally, and property acquired through work is co-owned, presumed equal — even if one only cared for the family and household.
Article 148 (Legal Impediment)
When there is a legal impediment (e.g., one is married to another): only property from actual joint contribution is co-owned, in proportion to contributions. Mere household care does not count, and a share may go to the existing valid marriage.
Practical Takeaways
- Live-in partners do acquire property rights;
- Article 147 (free to marry) presumes equal co-ownership;
- Article 148 (impediment) requires actual contribution.
Frequently Asked Questions
Do live-in partners have property rights? Yes. Even without a valid marriage, their property relations are governed by the Family Code, principally Articles 147 and 148, so they do acquire rights over property they acquire.
What is the rule under Article 147? When the partners are capacitated to marry each other, their wages are owned equally and property acquired through their work is co-owned and presumed equal, even if one only cared for the family and household.
What is the rule under Article 148? When there is a legal impediment to the marriage, only property acquired through the parties' actual joint contribution of money, property, or industry is co-owned, in proportion to their contributions.
Does caring for the household count as a contribution? Under Article 147 (partners free to marry), yes, it is treated as contributing to acquisition. Under Article 148 (with a legal impediment), mere 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.
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