Article 147 of the Family Code: Property of couples who live together and could marry
Status: In force
What does Article 147 say?
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.
In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former’s efforts consisted in the care and maintenance of the family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation.
When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.
What does it mean in plain language?
Article 147 governs the property of a man and a woman who are free to marry each other and live exclusively with each other as husband and wife, either without marriage or under a void marriage. Their wages and salaries are owned in equal shares. Property they acquire while living together is presumed to come from their joint efforts and is owned equally, and caring for the family and the household counts as a contribution.
This is not one of the property regimes of marriage, such as the absolute community or the conjugal partnership. Couples covered by Article 147 own the property they acquire through their work or industry under the rules on co-ownership.
How does it work in real life?
Joy and Mark: live-in partners, both single
Joy and Mark, both single and over eighteen, have lived together for six years without marrying. Mark earns a salary and Joy runs their home and raises their child. Under Article 147, their wages are owned in equal shares. A condo bought in Mark's name while they lived together is presumed to be owned equally, and Joy's care of the family and the household counts as her contribution.
Ella and Dan: a marriage without a license
Ella and Dan, both over eighteen, married, but their marriage is declared void because it was celebrated without a license and no exemption applied. Neither was married to someone else, and they are not related. Article 147 governs the property they acquired while living together.
Lito and Rina: a share he wants to sell
Lito and Rina, partners covered by Article 147, own a lot bought while living together. Lito wants to sell his share to a cousin. While they still live together, he cannot do it without Rina's consent.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- Gifts between partners living together without a valid marriage are void, except moderate gifts on the occasion of any family rejoicing. Article 87 applies its ban on donations between spouses to these couples too.
- In Tan-Andal, the Court settled the property question in the same case in which it declared the marriage void.
- The marriage property regimes, such as the absolute community of Article 75, do not apply to these couples.
- For more examples and what happens when a partner dies, see do live-in partners share property?. For free legal help, see find legal help.
What does Article 147 say?
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.
In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former’s efforts consisted in the care and maintenance of the family and of the household.
The article has two more paragraphs: one on selling a share during the cohabitation and one on forfeiture when a party to a void marriage acted in bad faith. Both are explained below.
Who is covered by Article 147?
Three conditions must all be met:
- A man and a woman capacitated to marry each other. In Tan-Andal v. Andal (2021), the Supreme Court recalled its earlier ruling in Valdes v. Regional Trial Court: "capacitated" refers to legal capacity to marry, meaning a person eighteen years of age or over who is not under the impediments of Articles 37 and 38. Article 37 covers incestuous marriages and Article 38 marriages void for reasons of public policy.
- They live exclusively with each other. Neither has another partner.
- As husband and wife, without marriage or under a void marriage. This covers live-in partners and spouses whose marriage is void, for example for lack of a license under Article 35 or for psychological incapacity under Article 36.
If one partner is married to someone else, or the couple cannot marry each other for another reason, Article 148 applies instead.
How is property divided under Article 147?
- Wages and salaries: equal shares. In Tan-Andal, the Court said this is "regardless of who worked to earn the wage or salary."
- Property acquired while living together: presumed to be the fruit of joint efforts and owned in equal shares, unless proven otherwise.
- Care of the home counts. A partner who did not help buy a property is still deemed to have contributed if his or her efforts consisted in caring for and maintaining the family and the household.
- Proof can defeat the presumption. In Tan-Andal, the Court explained that property obtained through only one party's efforts belongs to that party alone, if there is proof that the other did not contribute through the care and maintenance of the family and the household.
Can one partner sell his or her share?
Not alone, while they live together. The third paragraph says:
Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation.
"Acts inter vivos" are acts between living persons, such as a sale, a donation or a mortgage. The rule does not cover a will.
What happens when one party to a void marriage acted in bad faith?
The last paragraph deals with a void marriage where only one party was in good faith. The share of the party in bad faith in the co-ownership is forfeited in favor of their common children. If the children default or waive it, each vacant share goes to their respective surviving descendants. If there are no descendants, the share goes to the innocent party. The forfeiture takes place when the cohabitation ends.
How did the Supreme Court apply Article 147 in Tan-Andal?
In Tan-Andal v. Andal (2021), the full Court declared a marriage void because of the husband's psychological incapacity. It then decided the property:
- The spouses married in 1995, when both were over eighteen, and there was no showing that the marriage was incestuous or void for public policy. They lived exclusively with each other until they separated in 2000. So Article 147 governed their property.
- A lot that the wife's aunt donated to the wife and her father was not acquired through the couple's joint efforts. The wife owned her half of the lot, and the husband had no share because he did not care for and maintain the family and the household.
- The money to build the house came only from the efforts of the wife and her father. The husband had no share in it, for the same reason.
Which Supreme Court rulings are relevant?
Frequently asked questions
Do live-in partners own their salaries together?
Under Article 147, yes, if they are capacitated to marry each other and live exclusively with each other as husband and wife. Their wages and salaries are owned in equal shares, whoever earned them.
Does caring for the home count as a contribution?
Yes. Article 147 says a partner whose efforts consisted in the care and maintenance of the family and of the household is deemed to have contributed jointly to property the other acquired.
Can my partner sell his share of our house without my consent?
Not while you live together. Article 147 says neither party can encumber or dispose by acts inter vivos of his or her share in property acquired during cohabitation and owned in common, without the other's consent, until the cohabitation ends.
Does Article 147 apply after a marriage is declared void?
It can. Article 147 covers couples under a void marriage if they were capacitated to marry each other. In Tan-Andal v. Andal (2021), the Supreme Court applied it after declaring a marriage void under Article 36.
What if one of us was married to someone else?
Then Article 147 does not apply, because the couple was not capacitated to marry each other. Article 148 applies instead, and only property acquired through actual joint contribution is shared, in proportion to each contribution.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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