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PROPERTY REGIMES OF UNION WITHOUT MARRIAGE

Article 147 Article 148
Applicability
1. No legal impediment to marry Presence of legal Impediment:
2. Void Marriage on the ground of 1. Adulterous relationships
psychological incapacity 2. Bigamous/polygamous marriages
3. . Incestuous void marriages (Art. 37)
4. Void marriages by reason of public policy
Salaries and Wages
Owned in EQUAL SHARES Separately owned by the parties. If any is married,
his or her salary pertains to the CPG of the
legitimate marriage.
Property exclusively acquired
Belongs to party upon proof of acquisition through Belongs to such party
exclusive funds
Property acquired by both through their work or industry
Governed by rules of co-ownership Owned in common in proportion to their
respective contributions
Presumption
 Property acquired while living together  No presumption of joint acquisition.
presumed obtained by their joint efforts,  Actual joint contribution of money,
work or industry and owned by them in property or industry shall be owned by
equal shares. them in common proportion.
 If one party did not participate in  However, their contributions are
acquisition--- presumed to have presumed equal, in the absence of proof
contributed through care and to the contrary.
maintenance of family and household
(Buenaventura vs. Court of Appeals)
Forfeiture
When only one is in GOOD FAITH, share of party in  If one of the parties is validly married to
BAD FAITH in the co-ownership be forfeited in another, his or her share in the co-
favour of: ownership shall accrue to the ACP or CPG
1. Their common children existing in the marriage
2. Innocent party in default of or waiver by  If the party who acted in BAD FAITH is not
any/all common children or by their validly married to another or if both
descendants parties are in BF, such share be forfeited in
manner provided in manner provided in
last part of article 147
Proof of actual contribution
Not necessasry Necessary

Note: For as long as it is proven that property was acquired during the marriage, the presumption of
conjugality will attach regardless in whose name the property is registered.
The presumption is not rebutted is not by the mere fact that the certificate of title of the property or the
tax declaration is in the name of one of the spouses.

Cases under Article 147, FC

Ocampo vs Ocampo Buenaventura

Barrido vs Nonato Gonzales vs Gonzales

Dino vs Dino Mercado-Fehr vs Fehr

Maxey vs Court of Appeals Sales, Jr. vs. Eden Villanueva Aguila

Carino vs Carino Diaz-Salgado vs Salgado

Valdez vs RTC and Valdez