Question: My live-in partner breaches the contract of agreement between us regarding our properties. What are my legal recourse?

Answer:

Dealing with property disputes between live-in partners can be complex due to the absence of marriage, but Philippine law does offer some avenues for recourse, especially if there is a written agreement.

Contractual Obligations

Firstly, if you have a written agreement or contract concerning your shared properties, this document will typically be the primary basis for any legal action. A breach of this contract could warrant a civil case for specific performance, damages, or both.

Notarization and Witnesses

Ensure that your contract was notarized or at least signed with witnesses. This adds an extra layer of legality and makes it easier to enforce.

Legal Counsel

It's advisable to consult with a lawyer to review the contract and recommend the best course of action, which could include sending a demand letter to your live-in partner as an initial step.

Cohabitation Property Regime

If the property was acquired during the period of cohabitation and is under both your names, you may cite Article 147 or 148 of the Family Code, which covers property regimes of unions without marriage. However, application of these provisions often necessitates a thorough investigation into how the property was acquired, and you may have to prove your direct contribution.

Restraining Order or Injunction

If the breach of the agreement has led to immediate harm or the risk thereof—such as selling off a shared asset without your consent—you might also be able to secure a restraining order or injunction to prevent further adverse actions.

Mediation

Another option is to go for mediation to settle the issue amicably. Some contracts have a "dispute resolution" clause that may require you to go through mediation before taking any court action.

Criminal Charges

In extreme cases where the breach involves fraud or deception, criminal charges may also be filed based on the Revised Penal Code, although this is usually a last resort and requires substantial proof.

Conclusion

Legal recourse is available if your live-in partner breaches an agreement related to shared properties. It's crucial to have a legally sound contract and to consult with a lawyer to explore your options and navigate the legal complexities involved.