PROJECT III - PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE

TOPIC Couple living together as husband and wife, capacitated or Couple living together as husband and wife, incapacitated to marry, or
without legal impediments to marry under Article 147 under void marriage under Article 148

1. Law governing property Article 147 of the Family Code Article 148 of the Family Code
relations in Family Code
2. Who owns wages earned Wages and salaries earned by either party during the cohabitation The salaries and wages are separately owned by the parties and if any of
during cohabitation shall be owned by them in equal shares. the spouses is married, his or her salary is the property of the conjugal
partnership of gains of such legitimate marriage;
3. Who owns Properties  Property acquired by either of the parties exclusively by his or  Property solely acquired by funds of any of the parties belongs to
acquired During her own fund belongs to such party provided that there is proof such party;
cohabitation that he or she acquired it by exclusive funds;  Only the properties acquired by both of the parties through their
 Property acquired by both of them through their work or actual contribution of money, property, or industry shall be owned
industry shall be governed by the rules on co-owner- ship. by them in common in proportion to their respective contributions;
Consequently, either spouse may alienate in favor of the other  The respective shares of the parties over properties owned in
his or her share in the property; common are presumed to be equal. However proofs may be shown
 Property acquired while they live together shall be presumed to to show that their contribution and respective shares are not equal.
have been obtained by their joint efforts, work or industry and Without proof of actual contribution by both parties, there can be
shall be owned by them in equal shares. A party who did not no presumption of co-ownership and equal sharing.
participate in the acquisition by the other party of any property
shall be deemed to have contributed jointly in the acquisition
thereof if the former’s efforts consisted in the care and
maintenance of the family and of the household;
4. Who manages properties co- Property acquired by any of the parties after separation shall be Only the properties acquired by both of the parties through their actual
owned. exclusively owned by the party who acquired it. joint contribution of money, property or industry shall be owned by
them in common in proportion to their contribution.

5. Rule as to encumbrance or Neither party can encumber or dispose by acts inter vivos of his or The respective shares of the parties over properties owned in common
disposition of properties co- her share in the property acquired during cohabitation and owned are presumed to be equal. However, proofs may be shown to show that
owned. in common, without the consent of the other, until after the their contribution and respective shares are not equal. Without proof of
termination of their cohabitation. actual contribution by both parties, there can be no presumption of co-
However, either spouse may alienate in favor of the other his or her ownership and equal sharing.
share in the property co-owned. But no one can donate or waive

7. . any interest in the co-ownership that would constitute an indirect or direct grant of gratuitous advantage to the other which is void pursuant to Article 87. in favor of the decendants of said child. and 2) an adulterous relationship even if it occurred prior to the effectivity 3) be without the benefit of marriage or under a void marriage. of the Family Code. 5) void marriages by reason of public policy under Article 38. To whom will his/ her share in not applicable His/ Her share in the co-ownership shall accrue to the absolute the "co-owned" property acrue. In all cases. who take the vacant share left by the deceased child. 6. How to determine share or When only one of the parties to a void marriage is in good faith. In case of default of or waiver by any or all of the common children or their descendants. follows: ownership (a) In favor of their common children (b) In case of the predecease of a common child. 3) a bigamous or polygamous marriage. The rule shall apply even if both parties are in properties during the marriage. the forfeiture shall take place upon termination of the cohabitation. each vacant share shall belong to their respective surviving descendants. party in bad faith in the co. such share shall belong to the innocent party. the If the party who acted in bad faith is not validly married to another. if one party is validly married to another. bad faith. Absence of any of these requisites 4) incestous void marriages under Article 37. Rule as to the share of the Share in the properties owned in common shall be forfeited as His or her share shall be forfeited in the manner provided in Article 147. arises 2) live exclusively with each other as husband and wife. and will remove the contracting parties from the ambit of article 147. 8. Proof required before a co. marriage. community or conjugal partnership existing in such valid marriage. In the absence of their descendants. without benefit of ownership betweeen the couple 1) must be capacitated to marry each other. his interest of a partner who did not share of the party in bad faith in the co-ownership shall be forfeited or her share shall be forfeited in the manner provided in the last contribute to the acquisition of in favor of their common children. 9. All these requisites must concur. The man and the woman must be: 1) a man and a woman living together as husband. but are not capacitated to marry. paragraph of Article 147.

Babielen RuelJanamjam Bantugan. Reymon Pelaez. Roseller Camasura. (e) If there are no decendants. Rock Jhun Antopina. Bucayan Lozada. Leah Lucas. the share of the party in bad faith goes to the innocent party. there will be no transmission between the two. (c) The right of representation of the decendants applies even in the case of repudiation by a common child of his or her share in the forfeited property. Chester Bryan Tambajador.. Immaculate Dianzen J. Clark. Jayson Erezo. so that the legal principles governing this kind of transmission are different. the transmission takes place upon the termination of the cohabitation of the parties and not up[on the death of either of them). Kristi Lou S. (d) If the decendant dies ahead of the common child of whom he is a decendant. Leslie Princess May Cabañog Caboverde.e. Jonard . not mortis causa (i. Prepared on 9 October 2016 by: Taming. since this is transmission inter vivos.