This document outlines the rules governing property ownership for couples living together without being legally married. It discusses:
1) Property earned or acquired separately is owned exclusively by that individual, while property acquired jointly through work or industry is owned in equal shares.
2) Actual contributions must be proved for co-ownership, and efforts like care of the home and family are considered contributions.
3) Upon termination of cohabitation, the share of a party in bad faith may be forfeited to the innocent party or their common children. Both parties being in bad faith does not prevent forfeiture.
4) Similarities and differences between property rules for couples with and without legal impediments to marriage are outlined.
This document outlines the rules governing property ownership for couples living together without being legally married. It discusses:
1) Property earned or acquired separately is owned exclusively by that individual, while property acquired jointly through work or industry is owned in equal shares.
2) Actual contributions must be proved for co-ownership, and efforts like care of the home and family are considered contributions.
3) Upon termination of cohabitation, the share of a party in bad faith may be forfeited to the innocent party or their common children. Both parties being in bad faith does not prevent forfeiture.
4) Similarities and differences between property rules for couples with and without legal impediments to marriage are outlined.
This document outlines the rules governing property ownership for couples living together without being legally married. It discusses:
1) Property earned or acquired separately is owned exclusively by that individual, while property acquired jointly through work or industry is owned in equal shares.
2) Actual contributions must be proved for co-ownership, and efforts like care of the home and family are considered contributions.
3) Upon termination of cohabitation, the share of a party in bad faith may be forfeited to the innocent party or their common children. Both parties being in bad faith does not prevent forfeiture.
4) Similarities and differences between property rules for couples with and without legal impediments to marriage are outlined.
If earned separately, it shall be owned by them IN
EQUAL SHARES (1) If acquired by both through THEIR WORK OR INDUSTRY, CO-OWNERSHIP governs
WAGES and SALARIES
earned
(1) Co-ownership exists
PROVIDED that: it is acquired by them through their joint contribution of money, property, or industry PRESUMED to be equal (contribution)
(2) If acquired by either through donation,
succession, or exchange for exclusive property, ART. 147 DOES NOT APPLY (3) PRESUMPTION that properties acquired during cohabitation have been obtained by joint efforts, work or industry, and shall be owned in EQUAL SHARES
Article 148 If earned separately, remains EXCLUSIVE
(2) ACTUAL contribution
Efforts of one party in the care and maintenance of family and household not included PROPERTY acquired DURING UNION
(4) Efforts consisting of care and maintenance of
family and household CONSIDERED CONTRIBUTION
(3) Properties acquired BEFORE union remains separate
and exclusive (4) There is also a PRESUMPTION of equality in joint deposits of money and evidences of credit like bonds or securities
(5) Management of co-owned property shall be joint
(1) There being no conjugal or ordinary partnership, each must be PERSONALLY LIABLE for debts and expenses personally incurred (2) EXCEPT: when expenses are for preservation of common property (1) Rules on co-ownership applies but modified; alienation or encumbrance of individual share must be made with the consent of the other (1) If only one party to a void marriage is in good faith, share of the party in bad faith in co-ownership forfeited in favor of the following, in order: (a) COMMON children; (b) in default or waiver, vacant share belong to respective surviving descendants (c) in absence, to INNOCENT PARTY (2) Forfeiture shall take place UPON TERMINATION OF COHABITATION
OBLIGATIONS incurred DURING UNION
ALIENATION or ENCUMBRANCE of property
ACCRUAL or FORFEITURE of share
(5) Management of co-owned property shall be joint
(1) There being no conjugal or ordinary partnership, each must be PERSONALLY LIABLE for debts and expenses personally incurred (2) EXCEPT: when expenses are for preservation of common property (1) Rules on co-ownership applies but modified; alienation or encumbrance of individual share must be made with the consent of the other (1) If one is validly married to another, share in coownership will ACCRUE to the ACP or CPG existing in valid prior marriage (2) If party in BAD FAITH is not validly married to another, share forfeited in the following order: (a) COMMON children; (b) in default or waiver, vacant share belong to respective surviving descendants (c) in absence, to INNOCENT PARTY (3) Even if both parties are in bad faith, (2) still applies; PARI DELICTO DOES NOT APPLY
(4) Forfeiture shall take place UPON TERMINATION OF
COHABITATION SIMILARITIES BETWEEN ART 147 AND 148 (1) parties must be in a state of cohabitation (2) no ACP or CPP is formed
(3) common property governed by co-ownership
(4) property not co-owned remains exclusive
(5) bad faith results in share forfeiture
DIFFERENCES BETWEEN ART 147 AND 148
Art 147 Art 148 Parties capacitated to marry Parties have legal impediments Parties live each other exclusively There may be an existing valid marriage Wages and salaries and property acquired by both are owned in common There must be actual joint contribution in order for it to and in equal shares be owned in common Properties acquired during cohabitation presumed obtained jointly No such presumption Care and maintenance of family and household regarded as contribution Not recognized What is presumed is joint acquisition What is presumed is the equality of contribution Such proof is unnecessary If actual contribution is not proved, There will be no co-ownership and thus no presumption of equal shares There may be an innocent party There is no innocent party
Agreement For Transfer of Tenancy Whereby Incoming Tenant Is Paying The Consideration To The Transferor To Acquire The Alternate Accommodation On Ownership Basis For The Outgoing Tenant