Rights of Common Law Partners in the Philippines

In the Philippines, common-law partnerships, also referred to as cohabitation or live-in relationships, are not legally recognized in the same way as formal marriages. However, the law does provide certain rights and protections for couples in such relationships, especially concerning property and children.

Property Rights

  • Equal Shares: According to Article 147 of the Family Code, if a couple lives together without being married and both are legally free to marry, the property they acquire during the relationship is considered joint ownership and will be divided equally upon separation. This applies even if only one partner contributed financially, as non-financial contributions such as homemaking are also considered contributions【5†source】【6†source】【10†source】.
  • Unequal Shares: If one partner is still legally married to someone else, then only properties acquired through actual joint contribution are considered joint ownership. The division of such properties will be based on the actual contribution of each partner【5†source】【10†source】.
  • Proof of Contribution: If there is no proof of contribution in cases where unequal shares are applicable, then the sharing will be presumed equal【5†source】【10†source】.

Child Support

  • Parents, whether married or not, are obligated to provide support for their legitimate or illegitimate children, covering essentials like food, shelter, education, and healthcare【5†source】. The court decides the amount based on the child's needs and the parents' financial capabilities【5†source】.

Inheritance

  • Children of common-law partners have the right to inherit from their parents, although the inheritance might differ based on legitimacy【6†source】.
  • Unmarried partners do not have automatic inheritance rights unless specified in a will【6†source】.

Legal Remedies for Relationship Termination

  • Upon separation, partners can agree on partitioning and distributing jointly owned properties. If no agreement is reached, a court action for partition can be filed【6†source】.
  • The parent with custody of the child can file for child support against the non-custodial parent. Custody is generally awarded to the mother for children under seven years old, though the father can also claim custody in certain conditions【6†source】.

Certification of Relationship

  • While common-law partnerships are not legally recognized, partners can document their relationship through a notarized affidavit of partnership【8†source】.

Practical Advice

  1. Consult a Family Lawyer: To understand your specific legal rights, consult a family lawyer【6†source】.
  2. Consider Legal Marriage: For legal recognition, consider getting married civilly or religiously【11†source】.
  3. Establish Documentation: Keep documents related to your shared life, like joint bank accounts and property titles【6†source】.

Conclusion

While common-law partnerships in the Philippines do not have the same legal standing as formal marriages, the law provides certain protections and remedies, particularly regarding property and children. It's advisable to seek legal counsel to understand and protect your rights【6†source】【8†source】【11†source】.