Common-law marriage: Rights of live-in partners

Many Filipino couples are living outside of lawful marriage. And while our society has become more accepting of this family unit, many are still clueless about the law that governs this kind of relationship.

In the Philippines, how common is common law marriage? Very common, actually.

In homes with children aged 10 and up, 45.3% were married, while 44.3% had never married. Women outnumber men in common law unions, which accounts for 4.5 percent of the population. What is not common is the knowledge that certain laws exist to govern and protect individuals in this kind of marriage. Many don’t even acknowledge it as such—as a “marriage”—because after all, they do not have the “papers” that say they are legally husband and wife.

Whether society and culture accept the validity of common law marriage in the Philippines, Articles 147 and 148 of the Family Code recognize this family unit and union.

Although cohabiting couples do not have similar rights and responsibilities as a lawful married couple, they are still protected by law. Once you enter a live-in relationship, it is legally recognized as a common law marriage in the Philippines.

Cohabiting affects your legal position and you can protect yourself, and your children, should your relationship end or one of you dies. How else will you be able to get past bitter confrontations and survive shameless drama about properties and custodial battles, unless you have an idea of what the law dictates? Common questions about common law marriage in the Philippines

“Live-in lang kami.”

After decades of seeing relatives and friends enter common-law relationships, it is not frowned upon now, as in the “olden days.” The fact that the Family Code now governs this union means we have gone a long way, somehow. And if you are in such a relationship, it is best to know the law, to begin with, and not be blindsided by hearsay and unsolicited advice from people around you.

Common law marriage in the Philippines and your rights as a common law partner

Common-law marriage is defined in The Dictionary of Legal Terms, as: “One based not upon ceremony and compliance with legal formalities but upon the agreement of two persons, legally competent to marry, to cohabit with the intention of being husband and wife, usually for a minimum period of seven years.” Common-law marriage in the Philippines is governed by Article 147 of the Family Code, which reads: “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.” Clearly, the Family Code recognizes the relationship where a man and a woman live exclusively with each other, just like a husband and wife, but without the benefit of marriage. It can also be for when the marriage is void, as in when previously annulled by the Court of Law.

If one or both partners are still legally married to another partner, they are not entitled to any rights or claim of property under Article 147. It doesn’t matter how long they have been living together. This is further explained and governed in Article 148.

Obviously, common-law marriage in the Philippines is governed by a property regime, just like legal marriages, although there are stipulations that are different.

1. What if I bought the property with my own money?

Under Article 147, properties bought or acquired by the couple while they were living together are to be considered joint ownership, and “shall be owned by them in equal shares.” So, even if one is a stay-at-home mom, and her live-in partner was the one who paid for the purchase of their house, the former is still considered part-owner of the said property because it was acquired through their “joint efforts.” It is also governed by the rules on equal co-ownership. The stay-at-home partner cared for and maintained the family household, and this is considered her contribution.

2. We have been living together for 20 years, but my partner is still legally married to another woman. Do we have equal co-ownership of the house and cars we bought together?

As directed in Article 148, if one of the parties in a common-law relationship has a prior marriage, only the properties acquired through an actual joint contribution of money, property, or industry shall be considered joint ownership.

It also does not mean it will be equal. The percentage of ownership will be according to or in proportion to each partner’s actual contributions, or how much each has paid to purchase the property. If there is no proof of such an amount of contribution, then it will be considered equal. Moreover, the married partner’s share shall be forfeited and will be given to his or her partner from the previous legal marriage.

3. Can his wife claim conjugal ownership to a house my partner (her husband) and I bought?

Yes. Because your partner has a legal wife from a previous marriage, she has the right to claim the husband’s share of any property or money. 4. Does a child from a common law marriage claim support from his/her father, after the couple separated? Articles 195 and 196 of the Family Code of the Philippines clearly state the obligation of parents to provide child support for the “indispensable” needs of their legitimate or illegitimate child or children. This includes food, shelter, clothes, medical care, education, and transportation. The court will decide the amount that should be paid based on the child’s needs and the parents’ means. Moreover, Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and their Children Act of 2004” also “criminalizes” (against fathers only) failure to provide financial support. This means there are criminal sanctions or penalties for fathers who do not provide support or withhold custody without the court’s approval.

5. Can I sell or bequeath any property my partner and I bought or owned in common, during our years of living together?

Neither party can sell, donate or pass on a property to anyone else without the consent of the other, Atty. Tuazon explains. This type of transaction could be considered illegal. However, if the relationship has ended and the pair has parted ways, this may be possible.

6. If one of the partners dies, can the surviving partner inherit the properties they’ve acquired together?

The surviving partner can only claim rights to his or her equal part of the property as a co-owner. However, he or she cannot claim all of it. Only the children and parents of the deceased partner can claim the other part of the property. If the deceased had a non-annulled legal partner, they must prove they bought the property together. And with the use of mutual funds.

7. Does this law (Articles 147 and 148) cover same-sex relationships?

No, it does not, says Atty. Tuazon. The law only applies to male and female partnerships, because Philippine law does not recognize same-sex marriage.

8. Can I sue my live-in partner if he cheats on me? Isn’t that considered adultery? Clearly a common law marriages have no legal bounds when it comes to the relationship itself. The Family Code only addresses the issue of property. The criminal sanctions for adultery and concubinage are for married couples only. Only legally married individuals (bound by a marriage contract) have legal obligations to their spouses, according to Article 68 of the Family Code. This includes fidelity. As a live-in partner, you cannot take your partner to a court or sue him for having an affair. Again, property relations, not Article 68, regulate common law marriages in the Philippines. You cannot hold your partner accountable for any infidelity. Nobody wants to get into the bitter battle that often ends a relationship. Especially one that you have invested in for so many years. Besides, you certainly do not want to think it will have to end at all.

Get the advice and legal help you need from a lawyer. Make sure you are both aware of your legal rights, and that your interests are safeguarded.

Source: The Asian Parent

Leaving the Nest: Tips for First Time Movers

Moving out of home for the first time is like your first kiss.

You spend years imagining what it will be like and how you will feel and when it finally comes around you feel that nauseating combination of excitement and fear. Moving out of your family home is one of the biggest transitions you will experience in life. While the thought of leaving your parents’ rules, your annoying little brother, and going to university or starting a new job can be exhilarating, it can also be overwhelming. The good news is, feeling nervous or overwhelmed is completely normal and there are ways to make your transition to independence a smooth journey.

Making the Big Decision

There are many reasons that may lead you to move out of home. It may be to further your education, to start a new job, to get your own space or privacy, to live with friends or a partner, or it may be due to conflict with your parents or siblings. If the decision to move out is your choice, don’t make a rash decision that might put you in an unsafe environment, without money or in a position where you need to move back home again soon. Stop and think about all the avenues available to you such as accommodation, money and support. After going through the rental application process with a Real Estate Agent, the Landlord directly or your Uni accommodation, you’ll probably have to arrange to get the electricity/gas/landline connected at your new place before you move in; change your address on your driver’s licence, at your bank, with your university/employer, Medicare, your GP (or find a new GP if you’ve moved away from the area in which you grew up). These are some of the tasks that need to be done when you move out of home. Getting advice from someone you trust before you make a decision to move out can be a good idea. Discussing your options with a friend or family member who has been in a similar situation before, may help you to gain a realistic picture of what to expect. In making a decision to leave home, some important questions to ask yourself include:

• What are the emotional, physical, mental and financial advantages and disadvantages of moving versus staying at home?

• What impact will this decision have on my life now and in the future?

• Do I have realistic expectations?

• Do I have safe and secure accommodation to go to?

• Can I afford to move out?

So You’ve Decided to Leave the Nest … Now What?

After seeking advice, researching your options and deciding that it is time to leave the nest, the next step is to make a plan. There will be many practical things for you to consider when moving into your own place such as: Where will you live? Will you live alone or with other people? Do you have furniture and appliances or where can you get some? How much will it cost to live each week taking into consideration food, rent, electricity, internet, transport etc? Once you’ve considered these things, you have a practical plan – but have you thought about the feelings and emotions you might experience once you leave, and how to deal with the negative ones? Leaving home is not always easy. Homesickness, loneliness, stress and anxiety are all common feelings that may come up during your transition to independence. Even the happiest and most confident young people can struggle. There’s the pressure of getting to work on time and doing a good job, managing your university studies or juggling both, not to mention meeting new people, missing family and friends back home, dealing with messy housemates and being responsible for your own health and wellbeing. Fortunately, there are things you can do to prepare for the changes to come. Some of these include:

• Resolve family stressors – Don’t let a fight with your mum influence your decision to move out. Leaving on bad terms can make moving out more difficult for you and your family. Try to clear the air and enter the next chapter of your life feeling confident that once you leave, you will still have their support on the good days and the bad.

• Make plans for a visit home – Whether you are moving up the street or across the country, your family will miss you and want to know how you are and what you have been doing. Keep the lines of communication open, set up a time to Skype, a Sunday family dinner or a trip home for a long weekend.

• Understand that anxiety is not always bad – Anxiety can have a debilitating effect on a person’s day to day life, however it can also act as a protective mechanism. Anxiety in just the right amount can be a powerful motivator, whether you are preparing for a big exam, or moving out of home.

• Make a list of your concerns – Address each concern individually, as breaking them down helps to make them feel more manageable. If you’re having trouble with one, or feeling overwhelmed, ask a family member or friend for help.

Coping after the Move

So you’ve left the nest and are out in the big world on your own. You have moved to a new city and don’t know anyone, you started a new job and your boss is unapproachable, or maybe you have been partying all week at your new uni, the fun has worn off and you just want to be back in your old bedroom. It’s natural to miss home sometimes and there are things you can do to ease the sadness or anxiety on days when homesickness takes over:

• Stay connected to home – It can be helpful to set up regular phone or video calls with family and friends back home. Sometimes just hearing a familiar voice is all you need to feel comforted. Keep in mind though, too much time on the phone or social media can prevent you from meeting new people and developing a sense of belonging in your new home.

• Be proactive about making friends – Good friends can protect against loneliness. Rather than isolate yourself, put yourself out there, join a club or sports team, introduce yourself and don’t give up if you don’t make friends with the first person you meet.

• Create a routine – Get yourself into some regular activities. Maintaining a favourite sport or activity helps bring balance and routine back into your life and can help make a new home or town feel a bit more familiar.

• Explore the area – If you have moved to a new town, city or even country, think of it as an opportunity to explore a new corner of the world and discover new things. Find yourself a new local market, park or restaurant. Go for a walk or plan to drive somewhere different every weekend, you never know you may even find yourself an exploring partner or a local to guide you.

• Work on positive thinking – Similar to anxiety, homesickness can make you vulnerable to negative thinking such as “I feel lonely and stressed, why did I move out?” It is not always easy but if you make a conscious effort to think of all the good things about moving into your own house, it is possible to maintain a positive attitude.

• Make your new house feel like home – Make a little project out of getting creative and designing your new bedroom or house. Bring some things that give you fond memories of home, and create a space you feel happy to come home to.

Moving out of home is one of the most significant milestones in your transition to adulthood, not just for you but also for your parents. Taking time to plan your move can help reduce anxiety and help you to feel more positive and confident about starting this new chapter in your life.

Source: M1 psychology

Is your home a family home?

A family home is generally exempt from execution provided that it was duly constituted as such.

Q: What is a family home?

A: A family home is a real right which is gratuitous, inalienable and free from attachment, constituted over the dwelling place and the land on which it is situated, which confers upon a particular family the right to enjoy such properties, which must remain with the person constituting it and his heirs. It cannot be seized by creditors except in certain special cases. (Ramos vs. Pangilinan, G.R. No. 185920, July 20, 2010)

Q: How is a family home constituted?

A: A family home is deemed constituted on a house and lot from the time it is occupied as a family residence. Under the Family Code, there is no need to constitute the family home judicially or extrajudicially. All family homes constructed after the effectivity of the Family Code (August 3, 1988) are constituted as such by operation of law. All existing family residences as of August 3, 1988 are considered family homes and are prospectively entitled to the benefits accorded to a family home under the Family Code. The exemption is effective from the time of the constitution of the family home as such and lasts as long as any of its beneficiaries actually resides therein. Moreover, the debts for which the family home is made answerable must have been incurred after August 3, 1988. Otherwise (that is, if it was incurred prior to August 3, 1988), the alleged family home must be shown to have been constituted either judicially or extrajudicially pursuant to the Civil Code. (Art. 153 of the Family Code; (Ramos vs. Pangilinan, G.R. No. 185920, July 20, 2010)

Q: What is the rule relative to the levy on execution over a family home?

A: A family home is generally exempt from execution provided that it was duly constituted as such. There must be proof that the alleged family home was constituted jointly by the husband and wife or by an unmarried head of a family. It must be the house where they and their family actually reside and the lot on which it is situated. The family home must be part of the properties of the absolute community or the conjugal partnership, or of the exclusive properties of either spouse with the latter’s consent, or on the property of the unmarried head of the family. The actual value of the family home shall not exceed, at the time of its constitution, the amount of P300,000 in urban areas and P200,000 in rural areas.

Q: What would make your home exempt from execution?

A: A home to be exempt from execution must have been constituted as a family home in the manner above described. For the family home to be exempt from execution, distinction must be made as to what law applies based on when it was constituted and what requirements must be complied with by the judgment debtor or his successors claiming such privilege. Hence, two sets of rules are applicable. If the family home was constructed before the effectivity of the Family Code or before August 3, 1988, then it must have been constituted either judicially or extra-judicially as provided under Articles 225, 229-231 and 233 of the Civil Code. Judicial constitution of the family home requires the filing of a verified petition before the courts and the registration of the court’s order with the Registry of Deeds of the area where the property is located. Meanwhile, extrajudicial constitution is governed by Articles 240 to 24212 of the Civil Code and involves the execution of a public instrument which must also be registered with the Registry of Property. Failure to comply with either one of these two modes of constitution will bar a judgment debtor from availing of the privilege. On the other hand, for family homes constructed after the effectivity of the Family Code on August 3, 1988, there is no need to constitute extrajudicially or judicially, and the exemption is effective from the time it was constituted and lasts as long as any of its beneficiaries under Art. 154 actually resides therein. Moreover, the family home should belong to the absolute community or conjugal partnership, or if exclusively by one spouse, its constitution must have been with consent of the other, and its value must not exceed certain amounts depending upon the area where it is located. The debts incurred for which the exemption does not apply as provided under Art. 155 for which the family home is made answerable must have been incurred after August 3, 1988.

In both cases, whether under the Civil Code or the Family Code, it is not sufficient that the person claiming exemption merely alleges that such property is a family home. This claim must be set up and proved.