Article 148 of the Family Code: Property of other cohabiting couples
Status: In force
What does Article 148 say?
In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.
If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith.
What does it mean in plain language?
Article 148 covers couples who live together but do not fall under Article 147, for example when one partner is married to someone else. Only property acquired through the actual joint contribution of money, property or industry of both partners is owned in common, in proportion to what each contributed. If there is no proof of the amounts, the contributions and shares are presumed equal.
It is stricter than Article 147. There is no rule that wages are shared equally, and no rule that caring for the home counts as a contribution. A partner owns a share only of what he or she actually helped pay for.
How does it work in real life?
Rico and Tess: a lot bought with both their savings
Rico married Liza in 2005 without a prenup, and that marriage is still valid. He now lives with Tess. Rico and Tess buy a lot with their savings: Rico pays 40% and Tess pays 60%. Under Article 148, they own the lot in common, 40% and 60%. Rico's 40% share accrues to the absolute community of his marriage to Liza.
Rico and Tess again: a car paid by Rico alone
Rico later buys a car with his own salary, and Tess pays nothing toward it. The car is not owned in common with Tess, because Article 148 covers only property acquired through actual joint contribution.
Weng and Carlo: no receipts
Weng and Carlo cannot marry each other, and Article 148 applies to them. They both paid for a sari-sari store's stock and equipment over the years but kept no records. In the absence of proof to the contrary, their contributions and shares are presumed equal.
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?
- Proof matters. Because only actual contributions count, receipts, bank records and other documents showing who paid can decide each partner's share.
- Gifts between persons living together as husband and wife without a valid marriage are void, except moderate gifts on the occasion of any family rejoicing (Article 87).
- The marriage property regimes, such as the absolute community of Article 75 and Article 91, do not apply between the partners.
- Children conceived and born outside a valid marriage are illegitimate, unless the Code provides otherwise (Article 165); see who has custody of an illegitimate child?. A partner who marries again while still validly married may face a bigamy charge; see bigamy in the Philippines.
- For a full answer comparing both articles, see do live-in partners share property?. For free legal help, see find legal help.
What does Article 148 say?
In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.
"Industry" means work or effort. "Joint deposits of money and evidences of credit" include a joint bank account or a loan owed to both partners.
Which couples does Article 148 cover?
Every cohabitation that does not meet the conditions of Article 147. In Tan-Andal v. Andal (2021), the Supreme Court said the property of parties to a void marriage is governed by Article 147 or Article 148, "depending on whether the parties have no legal impediment to marry." Examples of couples under Article 148:
- a man or woman who lives with a new partner while still validly married to someone else;
- the parties to a bigamous marriage that is void under Article 35(4);
- partners who are not capacitated to marry each other for another legal reason, such as the impediments in Articles 37 and 38.
Where does the share of a married partner go?
The second paragraph protects the lawful spouse:
If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage.
So if a married man and his new partner buy a lot together, his share of the lot becomes part of the property regime of his valid marriage.
What happens to the share of a party in bad faith?
Article 148 says that if the party who acted in bad faith is not validly married to another, his or her share shall be forfeited in the manner provided in the last paragraph of Article 147. That paragraph sends the forfeited share to the common children; if they default or waive it, to their respective surviving descendants; and if there are no descendants, to the innocent party. Article 148 adds that these rules on forfeiture apply even if both parties are in bad faith.
Which Supreme Court rulings are relevant?
Frequently asked questions
When does Article 148 apply instead of Article 147?
When the cohabitation does not fall under Article 147, for example because one partner is married to someone else, or the partners are otherwise not capacitated to marry each other, or they do not live exclusively with each other.
Is a house bought by my partner alone partly mine under Article 148?
Only if you actually contributed money, property or industry to acquire it. Article 148 says only property acquired through the parties' actual joint contribution is owned in common, in proportion to their contributions.
What if we cannot prove who paid how much?
Article 148 says that, in the absence of proof to the contrary, the contributions and shares are presumed equal. That presumption applies to property acquired through joint contribution.
My partner is married. Where does his share go?
Article 148 says that if a party is validly married to another, his or her share in the co-ownership accrues to the absolute community or conjugal partnership of that valid marriage.
Does caring for the home count as a contribution under Article 148?
Article 148 has no rule like the one in Article 147 that counts the care of the family and household as a joint contribution. It speaks of actual joint contribution of money, property or industry.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?