Do Live-In Partners Share Property in the Philippines?
Quick answer
Live-in partners in the Philippines share property only under special rules, not like married couples. If the partners are free to marry each other, their wages and salaries are owned in equal shares, and property acquired while they lived together is presumed to be owned equally (Article 147 of the Family Code). If one of them is married to someone else, or they cannot marry for another reason, only property bought with their actual joint contributions is shared, in proportion to what each put in (Article 148). The same two articles apply to couples whose marriage is void.
Which rule applies to us?
It depends on whether you could legally marry each other:
| Situation | Rule | What you share |
|---|---|---|
| Both are free to marry each other, live together exclusively as husband and wife, without marriage or under a void marriage | Article 147 | Wages and salaries in equal shares; property acquired by work or industry is co-owned, presumed equal |
| Any other cohabitation, for example one partner is still married to someone else | Article 148 | Only property acquired by actual joint contribution of money, property or industry, in proportion to each one's contribution |
The property regimes of married couples, such as absolute community of property, do not apply to either case. For those, see Absolute community vs conjugal partnership.
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 plain terms:
- Wages and salaries earned while living together are owned 50/50, whoever earned them.
- Property acquired while living together is presumed to come from joint efforts and is owned in equal shares, unless there is proof to the contrary.
- Caring for the family counts. A partner who did not help buy a property is deemed to have contributed if his or her efforts "consisted in the care and maintenance of the family and of the household."
- No selling alone. Neither partner can sell or mortgage his or her share of the common property without the other's consent, until the cohabitation ends.
- Bad faith. If only one party to a void marriage acted in good faith, the share of the party in bad faith is forfeited in favor of their common children. If there are no descendants, it goes to the innocent party.
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 differences from Article 147:
- Wages are not automatically shared. Each partner keeps his or her own earnings.
- Only actual contributions count. A partner must show a real contribution of money, property or industry to a specific property. Housework alone is not listed.
- Shares follow contributions, presumed equal only if there is no proof of the actual amounts.
- If a partner is married to someone else, his or her share goes to the absolute community or conjugal partnership of that valid marriage.
How do courts apply Article 147?
In Tan-Andal v. Andal (2021), the Supreme Court declared a marriage void for psychological incapacity and then applied Article 147, because the spouses were free to marry each other and had lived exclusively together. The Court explained that wages and salaries earned during cohabitation are divided equally, "regardless of who worked to earn the wage or salary," and that property acquired during cohabitation is presumed to come from joint efforts.
But the presumption can be overcome. The Court held that the wife's half of a lot donated to her and her father was hers alone. So was her half of the duplex house that served as the family home, built with money she and her father had borrowed. The husband had no share because the evidence showed he did not care for and maintain the family and the household.
Can live-in partners give each other gifts?
Only small ones. The ban on gifts between spouses also covers live-in partners:
Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together as husband and wife without a valid marriage.
What happens when one partner dies?
Live-in partners are not legal spouses, so neither inherits from the other as a spouse. The surviving partner keeps his or her own share of the co-owned property. The deceased partner's share goes to his or her heirs, such as children. See Who inherits if there is no will?
Children of live-in partners are illegitimate unless later legitimated. See Who has custody of an illegitimate child?
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Nina and Arnel. Both single, they live together for eight years. Arnel works in a factory; Nina takes care of the house and their two children. They buy a lot in Arnel's name. Under Article 147, the lot is presumed to be owned equally, and Nina's care of the family and household counts as her contribution.
Joan and Rey. Rey is still married to his first wife when he moves in with Joan. Joan pays half the down payment on a motorcycle. Under Article 148, Joan owns a share of the motorcycle in proportion to what she actually contributed. Rey's share goes to the property regime of his valid marriage.
Lito and Grace. Before they separate, Lito gives Grace his car as a "gift." Because they live together as husband and wife without a valid marriage, the gift is void under Article 87, unless it is only a moderate gift on a family occasion.
When do you need a lawyer?
Talk to a lawyer when a live-in relationship ends and the partners disagree about who owns a house, land or a business, or when a partner dies and the heirs claim the property. The answer depends on titles, receipts and other evidence of who paid and who cared for the family.
If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Which Supreme Court rulings are relevant?
Frequently asked questions
Do live-in partners have the same property rights as married couples?
No. The marriage property regimes, such as absolute community, do not apply. Live-in partners are governed by Article 147 of the Family Code if they are free to marry each other, or by Article 148 if they are not.
Is a house in my partner's name partly mine?
It depends. Under Article 147, property acquired while you lived together is presumed to be the fruit of joint efforts and owned in equal shares, unless proven otherwise. Under Article 148, you own a share only in proportion to the money, property or industry you actually contributed.
Does taking care of the home count as a contribution?
Under Article 147, yes: a partner whose efforts consisted in caring for and maintaining the family and the household is deemed to have contributed. Article 148 does not contain this rule; it counts actual contributions of money, property or industry.
Can my live-in partner give me a house as a gift?
Article 87 of the Family Code makes donations between spouses during the marriage void, except moderate gifts on family occasions, and says the same prohibition applies to persons living together as husband and wife without a valid marriage.
Can my partner sell our property without my consent?
Under Article 147, neither partner can encumber or dispose of his or her share in the property acquired during cohabitation and owned in common, by acts inter vivos, without the other's consent, until the cohabitation ends.
Do I inherit from my live-in partner?
Live-in partners are not spouses, so they do not inherit from each other as spouses. Your own share in co-owned property stays yours. See the page on who inherits when there is no will.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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