Dear Attorney,

I recently separated from my common-law partner. We have a property registered under his name, but we both contributed to acquiring it. What are my rights regarding this property? Additionally, our child is turning 18 this November. How does this affect child support obligations?

Sincerely,
A Concerned Partner

Insights

In the Philippines, property rights for common-law partners and child support obligations are two distinct legal areas often intertwined when couples separate. Below is an in-depth discussion on both legal topics under Philippine law.

Property Rights of Common-Law Partners (Cohabitants)

In Philippine law, the property rights of common-law spouses (those in cohabitation without marriage) differ from those of legally married couples. Here's an exhaustive breakdown of the key legal considerations:

No Community Property Regime for Common-Law Relationships
Unlike legally married couples governed by either the Absolute Community of Property or Conjugal Partnership of Gains regimes under the Family Code, common-law spouses do not automatically share ownership of properties acquired during the relationship. This means there is no presumption that property acquired during the relationship is owned equally by both parties.
Co-Ownership of Property (Article 147, Family Code)
Article 147 of the Family Code applies to unions where both parties are not disqualified from marrying each other (i.e., they are not in relationships of legal impediment). In such cases:
- Property acquired during the cohabitation is presumed to be owned by both partners, proportionate to their contributions (monetary or otherwise). This presumption applies regardless of whose name the property is registered under.
- If one partner can prove that they solely contributed to the acquisition of the property, the other partner does not gain ownership rights over that specific property.
- If contributions cannot be determined, it is presumed that each partner owns the property equally, a 50-50 split.
Property Acquired in Cases of Legal Impediment (Article 148, Family Code)
When one or both partners are legally disqualified from marrying (e.g., one is married to someone else), Article 148 applies:
- Only property acquired through actual joint contribution is co-owned, and the proportion of ownership is based on the respective contributions of each partner.
- If a partner solely acquired property, the other partner has no right to it.
- Properties acquired in violation of the law (such as during an adulterous relationship) are not co-owned unless joint contribution is proven.
Steps to Assert Property Rights
If you contributed to the acquisition of the property, you may assert co-ownership under Article 147 (or Article 148, depending on circumstances). The process typically involves:
- Negotiation: You may attempt to negotiate an amicable settlement with your former partner regarding the division of property.
- Filing a Case: If no agreement is reached, you can file a case in court to establish co-ownership. You must provide evidence of your contribution (monetary, labor, or other forms of support) to the acquisition of the property.
Partition of Property
If co-ownership is established, you may demand the partition of the property, either through an agreement or by judicial action. The property can be sold, and the proceeds divided according to your respective shares, or you may agree on a division in kind.

Child Support Obligations

Child support is an ongoing responsibility regardless of the marital status of the parents. Here's how child support is handled under Philippine law:

Support for Legitimate and Illegitimate Children (Article 195, Family Code)
Both legitimate and illegitimate children have the right to receive support from their parents. The support obligation arises from the child's need and is proportional to the parent's means and the child's necessities.
Duration of Support Obligation
In the Philippines, child support generally continues until the child reaches the age of 18, which is the age of majority. However, if the child remains dependent on their parents for education or other necessities, the support obligation may continue beyond 18 years of age. This is particularly the case if the child is still studying or incapacitated.
Amount of Child Support
The amount of support is not fixed and varies based on the child's needs and the financial capacity of the parent. The parent providing support is expected to contribute to the child’s education, medical needs, clothing, shelter, and other basic necessities. If circumstances change (e.g., a parent earns more or less, or the child's needs increase), the amount of support can be modified.
Enforcing Child Support
If the parent responsible for child support fails to meet this obligation, the custodial parent (or guardian) can file a petition in court to enforce the obligation. The court may issue an order mandating the payment of child support, and failure to comply with the court order could result in legal penalties, including garnishment of income or property.
Support for Children Nearing Age of Majority
In your case, since the child will soon turn 18, it is essential to assess whether they are still pursuing education or remain dependent on you. If the child remains in need of support, you may continue to demand support from the non-custodial parent. However, if the child becomes self-sufficient, the obligation to provide support may cease.

Conclusion

For cohabiting couples in the Philippines, the rights to property acquired during the relationship are largely determined by contributions, whether monetary or otherwise. The law aims to ensure that a partner who contributed to the acquisition of a property is compensated accordingly, even if the property is registered under the other partner’s name.

As for child support, the obligation remains until the child reaches 18 or even beyond, depending on their needs and the financial capacity of the parents. Legal recourse is available if the non-custodial parent fails to provide adequate support.

For specific advice on your situation, it is advisable to consult with a family law attorney who can assess the details of your case and guide you through the legal process.