Common-law marriage: Rights of live-in partners

Many Filipino couples are living outside of lawful marriage. And while our society has become more accepting of this family unit, many are still clueless about the law that governs this kind of relationship.

In the Philippines, how common is common law marriage? Very common, actually.

In homes with children aged 10 and up, 45.3% were married, while 44.3% had never married. Women outnumber men in common law unions, which accounts for 4.5 percent of the population. What is not common is the knowledge that certain laws exist to govern and protect individuals in this kind of marriage. Many don’t even acknowledge it as such—as a “marriage”—because after all, they do not have the “papers” that say they are legally husband and wife.

Whether society and culture accept the validity of common law marriage in the Philippines, Articles 147 and 148 of the Family Code recognize this family unit and union.

Although cohabiting couples do not have similar rights and responsibilities as a lawful married couple, they are still protected by law. Once you enter a live-in relationship, it is legally recognized as a common law marriage in the Philippines.

Cohabiting affects your legal position and you can protect yourself, and your children, should your relationship end or one of you dies. How else will you be able to get past bitter confrontations and survive shameless drama about properties and custodial battles, unless you have an idea of what the law dictates? Common questions about common law marriage in the Philippines

“Live-in lang kami.”

After decades of seeing relatives and friends enter common-law relationships, it is not frowned upon now, as in the “olden days.” The fact that the Family Code now governs this union means we have gone a long way, somehow. And if you are in such a relationship, it is best to know the law, to begin with, and not be blindsided by hearsay and unsolicited advice from people around you.

Common law marriage in the Philippines and your rights as a common law partner

Common-law marriage is defined in The Dictionary of Legal Terms, as: “One based not upon ceremony and compliance with legal formalities but upon the agreement of two persons, legally competent to marry, to cohabit with the intention of being husband and wife, usually for a minimum period of seven years.” Common-law marriage in the Philippines is governed by Article 147 of the Family Code, which reads: “When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.” Clearly, the Family Code recognizes the relationship where a man and a woman live exclusively with each other, just like a husband and wife, but without the benefit of marriage. It can also be for when the marriage is void, as in when previously annulled by the Court of Law.

If one or both partners are still legally married to another partner, they are not entitled to any rights or claim of property under Article 147. It doesn’t matter how long they have been living together. This is further explained and governed in Article 148.

Obviously, common-law marriage in the Philippines is governed by a property regime, just like legal marriages, although there are stipulations that are different.

1. What if I bought the property with my own money?

Under Article 147, properties bought or acquired by the couple while they were living together are to be considered joint ownership, and “shall be owned by them in equal shares.” So, even if one is a stay-at-home mom, and her live-in partner was the one who paid for the purchase of their house, the former is still considered part-owner of the said property because it was acquired through their “joint efforts.” It is also governed by the rules on equal co-ownership. The stay-at-home partner cared for and maintained the family household, and this is considered her contribution.

2. We have been living together for 20 years, but my partner is still legally married to another woman. Do we have equal co-ownership of the house and cars we bought together?

As directed in Article 148, if one of the parties in a common-law relationship has a prior marriage, only the properties acquired through an actual joint contribution of money, property, or industry shall be considered joint ownership.

It also does not mean it will be equal. The percentage of ownership will be according to or in proportion to each partner’s actual contributions, or how much each has paid to purchase the property. If there is no proof of such an amount of contribution, then it will be considered equal. Moreover, the married partner’s share shall be forfeited and will be given to his or her partner from the previous legal marriage.

3. Can his wife claim conjugal ownership to a house my partner (her husband) and I bought?

Yes. Because your partner has a legal wife from a previous marriage, she has the right to claim the husband’s share of any property or money. 4. Does a child from a common law marriage claim support from his/her father, after the couple separated? Articles 195 and 196 of the Family Code of the Philippines clearly state the obligation of parents to provide child support for the “indispensable” needs of their legitimate or illegitimate child or children. This includes food, shelter, clothes, medical care, education, and transportation. The court will decide the amount that should be paid based on the child’s needs and the parents’ means. Moreover, Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and their Children Act of 2004” also “criminalizes” (against fathers only) failure to provide financial support. This means there are criminal sanctions or penalties for fathers who do not provide support or withhold custody without the court’s approval.

5. Can I sell or bequeath any property my partner and I bought or owned in common, during our years of living together?

Neither party can sell, donate or pass on a property to anyone else without the consent of the other, Atty. Tuazon explains. This type of transaction could be considered illegal. However, if the relationship has ended and the pair has parted ways, this may be possible.

6. If one of the partners dies, can the surviving partner inherit the properties they’ve acquired together?

The surviving partner can only claim rights to his or her equal part of the property as a co-owner. However, he or she cannot claim all of it. Only the children and parents of the deceased partner can claim the other part of the property. If the deceased had a non-annulled legal partner, they must prove they bought the property together. And with the use of mutual funds.

7. Does this law (Articles 147 and 148) cover same-sex relationships?

No, it does not, says Atty. Tuazon. The law only applies to male and female partnerships, because Philippine law does not recognize same-sex marriage.

8. Can I sue my live-in partner if he cheats on me? Isn’t that considered adultery? Clearly a common law marriages have no legal bounds when it comes to the relationship itself. The Family Code only addresses the issue of property. The criminal sanctions for adultery and concubinage are for married couples only. Only legally married individuals (bound by a marriage contract) have legal obligations to their spouses, according to Article 68 of the Family Code. This includes fidelity. As a live-in partner, you cannot take your partner to a court or sue him for having an affair. Again, property relations, not Article 68, regulate common law marriages in the Philippines. You cannot hold your partner accountable for any infidelity. Nobody wants to get into the bitter battle that often ends a relationship. Especially one that you have invested in for so many years. Besides, you certainly do not want to think it will have to end at all.

Get the advice and legal help you need from a lawyer. Make sure you are both aware of your legal rights, and that your interests are safeguarded.

Source: The Asian Parent