Dear Attorney,

Good day! I am seeking your guidance regarding an issue I am currently facing with my live-in partner. He is claiming that we are married and has filed an eviction case against me to remove me from what he claims is conjugal property. However, as far as I am aware, he has been married three times, with these marriages duly registered in the Office of the Civil Registrar General. I am confused about his right to any of my personal property, which I have acquired through my own efforts and resources.

Could you kindly advise me on the following points:

What legal rights, if any, does my live-in partner have over my property, given the fact that he has been married multiple times?
Can he evict me from a property that I personally acquired and paid for?
How does Philippine law address property acquired during a relationship that does not have the legal status of a marriage?
Is there any recourse or defense I can present in response to his eviction case?

Thank you very much for your help, and I am looking forward to your advice on this matter.

Sincerely,
A Concerned Partner

Conjugal Property and Property Rights: A Comprehensive Guide under Philippine Law

The scenario presented raises several legal issues concerning marital property rights, conjugal property, and the protection of personal assets under Philippine law. It is important to unpack each aspect in order to provide a thorough understanding of the rights and obligations involved.

1. The Definition of Conjugal Property

In Philippine law, conjugal property refers to the properties owned by the spouses during the marriage and the properties they acquire after the marriage through their joint efforts or incomes. Under the Family Code of the Philippines, the default property regime for couples married after August 3, 1988, is absolute community of property (ACP) unless they have entered into a prenuptial agreement stating otherwise. This regime pools all assets acquired by either spouse before and during the marriage, except for specific exclusions, into the conjugal or community property.

If the marriage is under the conjugal partnership of gains (CPG), which applies to marriages entered into before the effectivity of the Family Code unless stipulated otherwise, only the properties acquired during the marriage become part of the conjugal property.

For properties to be part of the conjugal property, there must be a valid marriage between the parties. This leads us to the critical aspect of whether a marriage actually exists between the parties involved in the concern raised.

2. Legal Status of Multiple Marriages

In the situation described, it is important to establish whether your partner has validly entered into multiple marriages. Philippine law, under Article 35 of the Family Code, explicitly voids bigamous marriages unless the former marriage is legally annulled or a judicial declaration of nullity has been issued. If your partner has existing, valid marriages and has not legally terminated them before purportedly "marrying" you, the marriage with you is considered void from the beginning (void ab initio).

The Office of the Civil Registrar General (OCRG) records are crucial evidence here, as they confirm the legal status of his prior marriages. If indeed your partner is still legally married to another individual at the time of your relationship, your union would not have the status of a valid marriage. Therefore, in the eyes of the law, the protections and rights provided under a legal marital relationship, such as conjugal property rights, would not apply to your case.

3. Rights to Property in the Absence of a Valid Marriage

In the absence of a valid marriage, your property rights would not be governed by the rules on conjugal or community property but by general property laws. Without a valid marriage, your partner has no legal claim over properties you have acquired with your own funds and effort. Under Article 147 of the Family Code, if a man and a woman live together as husband and wife without the benefit of marriage or under a void marriage, their property relations are governed by co-ownership principles but only to the extent that both parties contributed to acquiring the property.

This provision applies in cases where the parties have lived together as common-law partners, but the property acquired during the relationship must be proven to have been obtained through their joint efforts, work, or industry. If the property was acquired solely by one party, that property remains under the ownership of the person who purchased it.

4. Eviction from Conjugal Property: The Legal Standpoint

Regarding the specific issue of eviction, the act of forcibly removing someone from a property they reside in must be grounded on legal ownership and occupation rights. If the property in question was solely acquired by you and you hold the title or deed to it, your partner does not have the right to evict you, even if he claims that the property is conjugal. His claim to eviction would only be legitimate if he could prove that the property was acquired through joint efforts and that he has a legal or equitable share in it, which is unlikely in the absence of a valid marriage or proof of joint contributions.

It is important to note that in cases of property disputes, a court would look at the documentation of ownership. If the property title is under your name, this is compelling evidence of your exclusive ownership. Your partner would need to overcome this presumption with clear proof of a valid interest in the property, which, based on the facts you presented, seems improbable.

5. Addressing the Eviction Case

In responding to an eviction suit, it is critical to emphasize the following legal points:

First, contest the validity of the alleged marriage. Since your partner has been married multiple times, and his prior marriages have not been annulled or declared void, your purported marriage is void ab initio. As a result, your relationship should not be subject to conjugal property laws.
Second, establish your exclusive ownership of the property. If the property in question is registered solely in your name and was acquired independently, you have strong grounds to assert that it is your personal asset. This can be evidenced through property titles, receipts, or proof of purchase and payment.
Third, emphasize that under Article 147, your partner would only be entitled to a share of the property if he can prove a direct contribution to its acquisition. In the absence of such proof, his claim to the property is unsubstantiated.

You should prepare a defense focusing on these key issues, which will undermine his claims to eviction and property rights. In cases where the property has been entirely funded and acquired by one party, it would not be subject to division, and eviction would be inappropriate without a valid legal basis.

6. Remedies and Recourse

If your partner continues to pursue the eviction case, you may have recourse to the courts for the protection of your property rights. Filing a counterclaim for damages, costs, or harassment may also be appropriate if the eviction suit is found to be groundless or in bad faith. Moreover, the court may impose penalties if it determines that the case was filed as a nuisance suit intended to harass or intimidate.

It may also be advisable to seek a judicial declaration of nullity of marriage if there is any formal record of a marriage between you and your partner. While this process can be lengthy, it serves to clarify the legal status of the relationship and extinguishes any future claims of conjugal property by your partner.

Conclusion

In summary, Philippine law offers strong protections to individuals in situations such as yours. Given that your partner is likely involved in a bigamous situation, any marriage between you and him would be void from the outset. As a result, he would have no valid claim to conjugal property under the law. Moreover, in the absence of proof that he contributed to the acquisition of the property in question, he cannot claim ownership or initiate a valid eviction suit against you.

It is crucial to consult with a lawyer to help you navigate the intricacies of your case and to provide tailored legal advice. You have substantial legal grounds to challenge his claims, and with proper representation, you should be able to protect your property rights effectively.