The legal framework
Articles 147 and 148 of the Family Code govern property relations between people living together without marriage. Where both were capacitated to marry, wages and property acquired through joint efforts are owned in equal shares, and joint effort is presumed even where one partner cared for the home. Where one was not capacitated — for example, still married to someone else — only property acquired through actual joint contribution is co-owned.
Key points
| Article 147 | Both capacitated to marry: equal co-ownership of property acquired during cohabitation; homemaking counts as contribution |
|---|---|
| Article 148 | One party not capacitated: co-ownership only in proportion to actual contributions |
| Same-sex couples | No recognised status; property claims rest on ordinary co-ownership principles |
| Children | Illegitimate children inherit a reduced share but their rights are protected |
| Succession | A cohabiting partner does not inherit on intestacy |
| Solo parents | Benefits available under the Solo Parents' Welfare Act |
In practice
- Document contributions to property purchases and keep receipts.
- Title property jointly where both are contributing.
- Make a will — subject to the rights of compulsory heirs.
- Acknowledge children formally so their filiation is not disputed later.
- Document contributions carefully if Article 148 applies — the presumption of equality does not.
- Register children with the father's acknowledgement where possible: it affects support and inheritance.
Cost and coverage
Notarial fees for agreements and wills are modest.
Recent changes
Because divorce is unavailable, many Filipinos live in second families while legally married to someone else — which is precisely the situation article 148 addresses.
Where to go
- Local civil registrar for acknowledgement of children.
- Public Attorney's Office for eligible litigants.
- Integrated Bar of the Philippines legal aid.
Worth knowing
Which article applies is decisive. If either partner is still legally married to someone else, only proven contributions count — homemaking does not, and that changes outcomes dramatically. The difference between Articles 147 and 148 is decisive. If either partner is still married to someone else, only proved contributions are shared.
Official sources and links
- gov.ph — official government portal