PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE (PART II)

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Published — June 1, 2022

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

Read the first part of the article: PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE (Part I)

• The properties acquired by common-law spouses, who are incapacitated to marry each other, through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions.

• If the actual contribution of the party is not proved, there will be no co-ownership and no presumption of equal shares.

• 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.

What property regime should govern couples who cohabitate but are not capacitated to marry each other, such as in bigamous marriages or adulterous relationships?

Under Article 148 Family Code:

In bigamous marriages, adulterous relationships, relationship in a state of concubine, relationships where both man and woman are married to other persons, multiple alliances of the same married man, or when common-law spouses suffer from a legal impediment to marry or when they do not live exclusively with each other, only the properties acquired by both of the parties through their actual joint contributions of money, property or industry shall be owned by them in common in proportion to their respective contributions. Wages and salaries earned by each party belong to him or her respectively.  And 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 evidence of credit.

Contributions in the form of care of the home, children, and household or spiritual or moral inspiration are excluded in this regime. Thus, if actual contribution of the party is not proved, such as when one of the parties has no salary, income, work, or industry, there will be no co-ownership and no presumption of equal shares. 

• Rules On Forfeiture Of Shares Applicable To Common-Law Spouses Who Suffer From A Legal Impediment To Marry:

1. If one of the parties is validly married to another, his/her share shall redound to the benefit of the absolute community or the conjugal partnership in the valid marriage;
2. If the party who acted in bad faith is not validly married to another person, his or her share shall be distributed in the following manner:
   1. The share of the party in bad faith shall go to their common children;
   2. In default of common children or if they waived their share, the properties shall go to their respective children;
   3. If there are no common children or children of their own, the share of the party in bad faith shall go to the innocent spouse.

Note that forfeiture shall be applicable even if both parties are in bad faith. Further, if both parties are validly married to another person and no one is in bad faith, the share of each shall go to their respective marriage.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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