PROJECT III - PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE
TOPIC Couple living together as husband and wife, capacitated or
1. Law governing property
relations in Family Code
2. Who owns wages earned
during cohabitation
3. Who owns Properties
acquired During
cohabitation
4. Who manages properties co-
owned.
5. Rule as to encumbrance or
disposition of properties co-
owned.
Couple living together as husband and wife, incapacitated to marry, or
without legal impediments to marry under Article 147
Article 147 of the Family Code
Wages and salaries earned by either party during the cohabitation
shall be owned by them in equal shares.
Property acquired by either of the parties exclusively by his or
her own fund belongs to such party provided that there is proof
that he or she acquired it by exclusive funds;
Property acquired by both of them through their work or
industry shall be governed by the rules on co-owner- ship.
Consequently, either spouse may alienate in favor of the other
his or her share in the property;
Property acquired while they live together shall be presumed to
have been obtained by their joint efforts, work or industry and
shall be owned by them in equal shares. A party who did not
participate in the acquisition by the other party of any property
shall be deemed to have contributed jointly in the acquisition
thereof if the formers efforts consisted in the care and
maintenance of the family and of the household;
Property acquired by any of the parties after separation shall be
exclusively owned by the party who acquired it.
Neither party can encumber or dispose by acts inter vivos of his or
her share in the property acquired during cohabitation and owned
in common, without the consent of the other, until after the
termination of their cohabitation.
However, either spouse may alienate in favor of the other his or her
share in the property co-owned. But no one can donate or waive
under void marriage under Article 148
Article 148 of the Family Code
The salaries and wages are separately owned by the parties and if any of
the spouses is married, his or her salary is the property of the conjugal
partnership of gains of such legitimate marriage;
Property solely acquired by funds of any of the parties belongs to
such party;
Only the properties acquired by both of the parties through their
actual contribution of money, property, or industry shall be owned
by them in common in proportion to their respective contributions;
The respective shares of the parties over properties owned in
common are presumed to be equal. However proofs may be shown
to show that their contribution and respective shares are not equal.
Without proof of actual contribution by both parties, there can be
no presumption of co-ownership and equal sharing.
Only the properties acquired by both of the parties through their actual
joint contribution of money, property or industry shall be owned by
them in common in proportion to their contribution.
The respective shares of the parties over properties owned in common
are presumed to be equal. However, proofs may be shown to show that
their contribution and respective shares are not equal. Without proof of
actual contribution by both parties, there can be no presumption of co-
ownership and equal sharing.

6. How to determine share or
interest of a partner who did not
contribute to the acquisition of
properties during the marriage.
7. Proof required before a co-
ownership betweeen the couple
arises
8. To whom will his/ her share in
the "co-owned" property acrue,
if one party is validly married to
another.
9. Rule as to the share of the
party in bad faith in the co-
ownership
any interest in the co-ownership that would constitute an indirect
or direct grant of gratuitous advantage to the other which is void
pursuant to Article 87.
When only one of the parties to a void marriage is in good faith, the If the party who acted in bad faith is not validly married to another, his
share of the party in bad faith in the co-ownership shall be forfeited or her share shall be forfeited in the manner provided in the last
in favor of their common children. paragraph of Article 147. The rule shall apply even if both parties are in
bad faith.
In case of default of or waiver by any or all of the common children
or their descendants, each vacant share shall belong to their
respective surviving descendants.
In the absence of their descendants, such share shall belong to the
innocent party.
In all cases, the forfeiture shall take place upon termination of the
cohabitation.
The man and the woman must be: 1) a man and a woman living together as husband, without benefit of
1) must be capacitated to marry each other; marriage, but are not capacitated to marry;
2) live exclusively with each other as husband and wife; and 2) an adulterous relationship even if it occurred prior to the effectivity
3) be without the benefit of marriage or under a void marriage. of the Family Code;
3) a bigamous or polygamous marriage;
All these requisites must concur. Absence of any of these requisites 4) incestous void marriages under Article 37; and
will remove the contracting parties from the ambit of article 147. 5) void marriages by reason of public policy under Article 38.
not applicable His/ Her share in the co-ownership shall accrue to the absolute
community or conjugal partnership existing in such valid marriage.
Share in the properties owned in common shall be forfeited as His or her share shall be forfeited in the manner provided in Article 147.
follows:
(a) In favor of their common children
(b) In case of the predecease of a common child, in favor of the
decendants of said child, who take the vacant share left by the
deceased child.
 (c) The right of representation of the decendants applies even in the
case of repudiation by a common child of his or her share in the
forfeited property, since this is transmission inter vivos, not mortis
causa (i.e., the transmission takes place upon the termination of the
cohabitation of the parties and not up[on the death of either of
them), so that the legal principles governing this kind of
transmission are different.
(d) If the decendant dies ahead of the common child of whom he is
a decendant, there will be no transmission between the two.
(e) If there are no decendants, the share of the party in bad faith
goes to the innocent party.

Prepared on 9 October 2016 by:

Taming, Kristi Lou S. Clark, Immaculate Dianzen J. Bucayan

Lozada, Leah Lucas, Leslie Princess May Cabaog

Caboverde, Rock Jhun Antopina, Babielen RuelJanamjam

Bantugan, Roseller Camasura, Jayson

Erezo, Reymon Pelaez, Chester Bryan

Tambajador, Jonard