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Property Regime of Unions without Marriage

What is the property regime of unions without marriage?

The following provisions of the New Civil Code shall apply in these respective cases:

Art. 147. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter. (1395)

*This applies when a man and a woman, suffering no legal impediment to marry each other, so exclusively live together as husband and wife under a void marriage or without the benefit of marriage. Wages and salaries earned by either party during the cohabitation shall be owned by the parties in equal shares and will be divided equally between them. This is true even if only one party earned the wages and the other did not contribute thereto.

Art. 148. The following shall be the exclusive property of each spouse:

(1) That which is brought to the marriage as his or her own;

(2) That which each acquires, during the marriage, by lucrative title;

(3) That which is acquired by right of redemption or by exchange with other property belonging to only one of the spouses;

(4) That which is purchased with exclusive money of the wife or of the husband. (1396)

*This applies in cases where the parties in unions are incapacitated to marry each other. It refers to the property regime of bigamous marriages, adulterous relationships in state of concubinage, relationships where both man and woman are married to other persons. Wages and salaries earned by each party belong to him or her exclusively. Only property acquired by both of the parties thru “actual joint contribution of money, property, or industry “shall belong to the co-ownership, in proportion to their respective contributions.

 

References:

Family Code of the Philippines [Executive Order No. 209]

Jurado, D. (1999). Civil Law Reviewer. Quezon City: Rex Printing Company, Inc.

Sta. Maria, M. (2010). Persons and Family Relations Law. Quezon City: Rex Printing Company, Inc.

 

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