Do common law wives have rights to the conjugal property of a legally married couple in the Philippines?
In the Philippines, the concept of conjugal property pertains to the property and assets acquired during the marriage by a legally married couple under the Family Code of the Philippines. The rights to these assets are typically reserved for the spouses defined under a legal marriage recognized by Philippine law.
For common law relationships, also known as live-in relationships or domestic partnerships, the situation is distinct and operates under different rules compared to legal marriages. Common law spouses do not have automatic rights to each other's property unless they have agreed otherwise in a written agreement or if the property was acquired jointly during their relationship.
The Supreme Court of the Philippines has recognized that properties acquired by a man and a woman who live together as husband and wife without the benefit of marriage (or are not legally capacitated to marry each other), are governed by co-ownership. In such cases, each partner may claim ownership over their proportionate share of properties or assets they have acquired through their actual joint contribution of money, property, or industry. However, such contributions and their corresponding shares must be proven.
It is important to clarify that a common law wife has no legal claim over the conjugal property of the legal spouse of her partner. The rights to conjugal properties remain exclusive to the spouses who are legally married to each other. Any property acquired by either spouse during the existence of a marriage is presumed to be conjugal unless proven otherwise.
Individuals in common law relationships who seek to secure their property rights are advised to create and maintain detailed records of their contributions to the acquisition of any assets. They may also consider entering into a cohabitation agreement that specifies how their assets should be handled during the relationship or upon its dissolution.
Legal content addressing this issue should be thorough and precise, providing clear and reliable information based on current laws and judicial interpretations. This ensures that individuals in non-traditional relationships are well-informed about their rights and the limitations of these rights under the law, leading to better legal and personal decision-making.