Query: What are the legal rights regarding property and custody arrangements when a cohabitating partner wishes to move out and take possessions, especially when there is an affidavit preventing removal of shared property?

In the Philippines, cohabitation, or living together without marriage, creates a complex legal situation when it comes to the division of property and custody arrangements, especially in cases where the relationship ends. The legal landscape for cohabitating couples is largely governed by the property regime they have implicitly or explicitly agreed upon during their cohabitation, unless a specific agreement or affidavit dictates otherwise.

Property Rights of Cohabitating Partners:

No Automatic Joint Property Ownership: Unlike marriage, cohabitation does not automatically create joint ownership of property acquired during the relationship. Each partner is presumed to hold ownership over property in their name unless proven that it was intended as common property.
Affidavit of Co-Ownership: If there is an affidavit or any agreement indicating that certain properties are owned jointly or cannot be taken by one partner without the consent of the other, such legal documents generally have to be honored. The affidavit can specify conditions that restrict either party from taking possession of shared assets without mutual consent or legal resolution.
Enforceability of the Affidavit: If a partner attempts to remove items from the household that are subject to restrictions under an affidavit, such actions can be challenged in court. The enforceability of the affidavit depends on its legality and the specific terms it contains regarding the property.

Custody and Guardianship:

Parental Authority: In the Philippines, parental authority generally rests with the biological parents of a child. In cases where parents are separated and one parent is the sole caregiver, that parent typically retains primary custody unless a court order states otherwise.
Role of Guardianship Affidavits: A guardianship affidavit, signed by the parents, can grant guardianship rights to another person, such as a grandparent. This does not necessarily remove parental rights but allows the guardian to make certain decisions on behalf of the child, especially in the absence or incapacity of the parents.
Legal Interventions in Custody: If there is a dispute regarding custody that cannot be resolved amicably, either party may seek legal intervention. The court will consider the best interests of the child based on the child’s needs, the parent's or guardian’s ability to fulfill those needs, and any existing legal agreements.

Advice for Individuals in Similar Situations:

Legal Consultation: Parties in a cohabitation scenario where property and custody are at issue should consult with a lawyer to understand their rights and obligations under Philippine law.
Documentation and Proof: Keep thorough records and proof of ownership or purchase of any property. This can be critical in disputes over asset division.
Negotiation and Mediation: Before taking legal action, consider mediation with the other party to reach an amicable settlement, especially in sensitive situations involving children.

Conclusion:

Individuals in cohabitating relationships in the Philippines must navigate a complex legal framework regarding property and custody. Legal documents such as affidavits that outline specific restrictions or rights play a critical role in these scenarios. It is advisable for individuals to seek legal guidance to ensure their actions are compliant with Philippine laws and to protect their rights and interests, particularly in relation to shared properties and the custody of children.