Your rights after death of your common law partner

Question: My common law wife was previously married, but never had her marriage annulled or nullified. Do I have a claim on the properties we acquired?

In the Philippines, your legal rights to properties acquired during your relationship with your common-law wife depend significantly on her marital status under the law. Here's a breakdown of the legal implications:

1. Her Marriage is Still Valid

If your common-law wife was legally married and never obtained an annulment or nullity of marriage, then:

• Her marriage is still considered valid and subsisting under Philippine law.

• Any relationship with another person (including you) is not legally recognized and is considered an adulterous or bigamous relationship, depending on the circumstances.

  
  

2. Properties Acquired During Your Cohabitation

If you acquired properties together during your 20-year relationship:

Presumption of Co-ownership (but limited)

Under Article 147 of the Family Code, co-ownership rights may apply only if both parties are legally free to marry (i.e., not legally married to someone else). But since she was not free to marry, Article 148 applies:

Article 148 (Family Code) — For relationships where one or both parties are married to someone else:

• Only the properties acquired through the actual joint contribution of money, property, or industry of both parties shall be owned in common in proportion to their contributions.

• You must prove your actual contribution (financial or work/labor).

• If you can show that you contributed to the acquisition, you may have a proportionate claim.

Important Caveats:

• You do not get automatic 50-50 co-ownership as you would in a legal marriage or a common-law union where both parties are free to marry.

• Properties solely in her name, and where you cannot prove contribution, may not be claimable.

What You Should Do:

1. Gather evidence:

   • Receipts, bank records, construction materials, or any proof of monetary or labor contribution.

   • Witness statements if you did substantial work or helped financially.

2. Consult a lawyer:

   • A lawyer can help assess whether you can file a civil case for partition or recovery of your share in properties under Article 148.

3. Avoid prescriptive period issues:

   • There are time limits for asserting claims in court (prescriptive periods), so acting quickly is important.

Summary:

• You may have a claim, but only for properties you helped acquire, and only in proportion to your proven contribution.

• Her existing marriage means your relationship is not protected under typical cohabitation laws.

• Legal help is highly recommended for documenting your contributions and asserting your rights.

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

Validity of donations between common-law spouses

Can a live-in partner donate a property their partner? Is such a a donation valid under the law?

Article 87 of Executive Order 209 s. 1987, otherwise known as "The Family Code of the Philippines," provides:

"Art. 87. 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."

In the case of Maria B. Ching v. Joseph C. Goyangko, Jr., et al. (GR 165879, Nov. 10, 2006, Ponente: Associate Justice Conchita Carpio-Morales), the Supreme Court ruled:

"The proscription against sale of property between spouses applies even to common law relationships. So this Court ruled in Calimlim-Canullas v. Hon. Fortun, etc., et al.:

"Anent the second issue, we find that the contract of sale was null and void for being contrary to morals and public policy. The sale was made by a husband in favor of a concubine after he had abandoned his family and left the conjugal home where his wife and children lived and from whence they derived their support. The sale was subversive of the stability of the family, a basic social institution which public policy cherishes and protects.

"Article 1409 of the Civil Code states inter alia that: contracts whose cause, object, or purposes is contrary to law, morals, good customs, public order, or public policy are void and inexistent from the very beginning.

"Article 1352 also provides that: 'Contracts without cause, or with unlawful cause, produce no effect whatsoever. The cause is unlawful if it is contrary to law, morals, good customs, public order, or public policy.'

"Additionally, the law emphatically prohibits the spouses from selling property to each other subject to certain exceptions. Similarly, donations between spouses during marriage are prohibited. And this is so because if transfers or conveyances between spouses were allowed during marriage, that would destroy the system of conjugal partnership, a basic policy in civil law. It was also designed to prevent the exercise of undue influence by one spouse over the other and protect the institution of marriage, which is the cornerstone of family law. The prohibitions apply to a couple living as husband and wife without benefit of marriage, otherwise, 'the condition of those who incurred guilt would turn out to be better than those in legal union.' Those provisions are dictated by public interest and their criterion must be imposed upon the will of the parties...

"As the conveyance in question was made by Goyangko in favor of his common-law-wife-herein petitioner, it was null and void."

Pursuant to the aforesaid provision of the law and the pertinent decision of the Supreme Court, donation between spouses during the marriage, except for gifts of moderate value that may be given in connection with an occasion, is clearly prohibited.

As explained by the Supreme Court, such a prohibition aims to protect the property relations between the spouses. Similarly, the prohibition applies to couples living together as husband and wife, even without the benefit of marriage. Considering that the property was donated by your deceased live-in partner to you, such a donation is null and void because it is strictly prohibited under the law.

Source: Manila Times