When are you considered as common partners?

Question: I am still married with my ex husband and now living together with my new partner and we already have a baby, can we be considered as common partners?

In the Philippines, even if you are separated from your husband and living with a new partner, you cannot be legally considered as "common-law partners" because your previous marriage is still valid. Here’s why:

1. Legal Status Under Philippine Law

• Since the Philippines does not have divorce (except for Muslims), you are still legally married to your husband unless:

  • You get an annulment or

  • You file for legal separation (though this does not allow remarriage).

• Because of this, your new relationship is not legally recognized as a common-law partnership under Philippine law.

2. What About "Common-Law" in Practice?

• In practice, some people in the Philippines refer to their live-in partners as common-law spouses, especially if they have a child together.

• However, legally speaking, you are not considered a common-law spouse since you are still married to someone else.

3. Possible Legal Implications

• Bigamy Risk – If you attempt to remarry without an annulment, it could be considered bigamy, a criminal offense.

• Property Issues – Any assets you acquire while still married may still be considered conjugal property with your legal husband.

• Child’s Status – Your baby is considered illegitimate under Philippine law because you are still married to someone else. However, you can legitimize the child if you and your new partner get married after annulment.

What Can You Do?

If you want legal security for your new family, you may want to consider:

✅ Annulment – If your marriage qualifies for annulment, this is the only way you can legally be free.

✅ Legal Documents for Your Child – You can ensure your baby’s birth certificate lists the father’s name and arrange legal recognition.

source: Ziggurat Real Estate