Dear Attorney,

I have been living with my partner for several years without being legally married. We are considering formalizing our relationship, but are unsure how to proceed. What are the legal implications of our cohabitation in terms of our rights, and what steps should we take to protect ourselves legally? Can you advise on any documents we might need, and what legal standing our relationship has in the Philippines?

Sincerely,
Concerned Partner

Insights

In the Philippines, cohabitation, or the act of living together without the benefit of marriage, has legal implications that affect property rights, inheritance, and the legitimacy of children. While the country does not formally recognize common-law marriages as legal unions, cohabitation between couples still carries certain legal consequences, particularly when determining the rights of the parties involved.

Legal Status of Cohabitation

The Philippines is unique in its approach to cohabitation because it adheres to civil law principles that differentiate between marriage and mere cohabitation. Unlike in some jurisdictions, living together for a period of time does not automatically grant the couple the legal status of marriage. Even long-term cohabiting couples are not given the same rights and privileges enjoyed by married couples, unless they go through the formal legal process of marriage under the Family Code of the Philippines.

That being said, cohabitation does still have legal relevance, particularly in the areas of property relations, inheritance, and child legitimacy.

Property Rights Between Cohabitants

Under Philippine law, property relations between cohabiting partners who are not legally married can be complex. Without the benefit of marriage, the Family Code does not automatically apply the system of absolute community of property (for those married without a prenuptial agreement). Instead, the property regime between cohabiting partners falls under Article 147 or Article 148 of the Family Code, depending on the specific circumstances of the relationship.

Article 147 of the Family Code applies to couples who are not disqualified from marrying each other (e.g., both are single and without impediments to marriage). Under this provision, all properties acquired by both partners during the cohabitation are presumed to be owned by them in equal shares, unless proven otherwise. This is akin to a partnership arrangement.
Article 148 of the Family Code, on the other hand, applies to couples where one or both partners are disqualified from marriage, such as in cases where one or both parties are already married to someone else. In this scenario, only properties acquired by the couple through their joint efforts are owned in common, and the shares are determined based on their respective contributions. Properties acquired by one partner without the participation of the other remain exclusive to the acquiring partner.

The distinction between these two articles is important, as it affects how properties are distributed in the event of separation or death of one of the partners.

Inheritance Rights

One major limitation of cohabiting couples is the lack of automatic inheritance rights. In the Philippines, inheritance rights are governed by the Civil Code, and unless the couple is legally married, a partner is not considered a compulsory heir. This means that a cohabiting partner cannot automatically inherit from the other unless there is a valid will stating otherwise.

Without a will, the estate of the deceased partner will pass to their legal heirs, which typically include legitimate children, legitimate ascendants, or collateral relatives, depending on the circumstances. If a cohabiting partner wishes to ensure that their partner inherits from them, they must execute a will specifying the desired distribution of their estate.

However, even with a will, the free portion of the estate that can be freely disposed of is limited. The Philippine Civil Code sets out specific rules on what portion of the estate can be left to non-compulsory heirs, and these rules must be carefully considered when drafting a will to ensure its validity.

Legitimacy of Children

Children born to cohabiting couples are considered illegitimate under Philippine law unless the parents subsequently marry. This has important legal consequences, particularly regarding the rights of the child in terms of inheritance and parental authority.

Illegitimate children are entitled to a smaller share of inheritance than legitimate children, receiving only half of what a legitimate child would receive under the law. However, the Family Code of the Philippines ensures that illegitimate children still have a right to support and inheritance from their parents, though the amount may differ compared to legitimate offspring.

The parents of an illegitimate child also have joint parental authority over their child, but custody is generally awarded to the mother unless the court determines that the mother is unfit to care for the child.

Documents to Protect Legal Rights

While cohabiting partners do not enjoy the same automatic legal protections as married couples, there are several legal documents they can execute to safeguard their rights and ensure that their wishes are respected in the event of death or separation. Some of these documents include:

Last Will and Testament – A will allows a cohabiting partner to designate their partner as an heir and distribute their estate according to their wishes. It is crucial to ensure that the will is executed in accordance with Philippine laws to ensure its validity.
Co-Ownership Agreement – If the couple owns property together, they may execute a co-ownership agreement to clearly define their respective shares and rights over the property. This can help avoid disputes over ownership in the future.
Power of Attorney – A power of attorney allows one partner to act on behalf of the other in legal or financial matters, especially in situations where one partner is incapacitated or otherwise unable to manage their affairs.
Affidavit of Cohabitation – Though this document does not have the effect of a marriage certificate, it may still be useful in certain situations to prove the existence of the relationship, such as when dealing with government agencies or establishing joint custody of children.

Conclusion

Cohabitation between couples in the Philippines presents several legal challenges, especially regarding property rights, inheritance, and the legitimacy of children. Without the formal recognition of marriage, cohabiting partners must take proactive steps to protect their legal rights and ensure that their relationship is recognized in ways that matter, particularly in cases of separation or death. It is always advisable for cohabiting couples to seek legal counsel and execute necessary documents to clarify their intentions and safeguard their interests.