In today’s society, different types of relationships and families have emerged. Relations have become more dynamic, and for some, complicated. Marriage is the traditional union that unites a man and woman. This is recognized by the Church and all statutory laws. On the other hand, cohabitation or common law relationships are not officially recognized by Philippine laws as a legal status as these lack the requisites of a valid marriage. This is considered a de facto relationship, and holds no legal and official recognition.
Legal Basis
Articles 147-148 of the Family Code holds the provisions or basis on cohabitation in the Philippines. Article 147 is the provision on cohabitation without any legal impediments, meaning that both parties are legally capacitated to marry. There is a presumption that any properties acquired through joint efforts are co-owned by the partners. Similarly, there is also a presumed equal sharing, unless proven otherwise. Conversely, Article 148 of the Family Code governs the condition wherein there are legal impediments where one or both parties are barred from entering a valid marriage. The provision tackles its property regime wherein it is based on actual joint contribution, and the need for proof and proportional sharing.
Property Relations of Cohabiting Couples
No legal impediment to marry
For cohabiting couples without legal impediments, there is a presumption of co-ownership wherein the properties acquired by both parties are co-owned in equal shares. Furthermore, the division of their assets follow co-ownership rules – there is disposition upon separation or death. Likewise, the efforts they put in the care and maintenance of the household are equivalent to their contribution in co-ownership since housemaking is considered as such.
With legal impediment to marry
For couples with legal impediments to marry, these are the couples where at least one of them is legally disqualified from marrying. This brings about complications or issues on their property relations. Only properties that were acquired by both parties through their actual joint finances, property, or industry shall be owned in common in proportion to their contribution. If one of them acted in bad faith, their shares shall be forfeited in favor of the children or the innocent co-owner/spouse. Unlike the former, housemaking or household/family maintenance efforts do not qualify as contributions, but rather the actual financial or property contributions.
In the case of Mahor vs Benasa, there was a property dispute between the parties, concerning their illicit cohabitation since Mahor was still legally married. The court ruled that their relationship was governed by Article 148 of the Family code, and that Benasa was able to prove their intent to dwell together through his financial remittance for 25 years, proving their relationship. The court also ruled that he is entitled to a reconveyance of properties acquired during their cohabitation1.
In general, couples who choose not to marry can still co-own properties and be protected against legal disputes
Cohabiting Partners’ Rights and Obligations
Cohabiting partners may have similar obligations with married couples. However, it may greatly differ in terms of their rights. During their cohabitation, couples must provide each other with mutual support. While they must provide each other with mutual support in the duration of their relationship, when one dies, their partner has no automatic right to inherit the deceased’s estate if there is no will. The surviving partner can only claim their part of what was co-owned.
Rights of Children Born During Cohabitation
Unfortunately, children who are born to cohabiting parents are only given an illegitimate status since their parents are not legally married. With regards to their surname, they may use their father’s last name if the latter expressly recognizes their filiation. But like legitimate children, children of cohabitating couples are entitled to support from their parents. This support is likewise proportionate to the capacity of the parent or giver. The legitimacy status greatly affects the inheritance of the children. Illegitimate children are considered compulsory heirs, and unlike legitimate children, they shall only receive half of what the legitimate children receive. As a general rule, the mother holds the sole parental authority, giving her the exclusive legal right to make major life decisions for their children. As for the father, he has specific rights, duties, and obligations
Legal Considerations
There are several legal considerations to be taken into account in cohabitation, especially when the couple has children; who are considered illegitimate and inherits less of what the legitimate child gets. It is important to note that cohabitation does not have any legal status and official recognition under the Philippine Laws. Its recognition is mainly in the context of property relations and their children. Once a couple decides to cohabitate, this does not automatically grant them spousal rights or status since, and this evidently does not create a conjugal partnership. Partition and ownership of the property would depend on whether their relationship is with or without legal impediments to marry.
Furthermore, there are also legal consequences for illicit common law or de facto relationships. The legal spouse may file criminal charges against the couple for their illicit affair. They may be charged with adultery or concubinage. They may also be held for civil liability and damages for moral damages and judicial separation of property.
- Bernard B. Benasa v. Presentacion R. Mahor, G.R. No. 236659, August 31, 2022 ↩︎
