2023 Civil Law, Q4

Santiago and Lucia started to live together as common-law husband and wife in 2000. In the course of their relationship, they acquired several properties which included a 600-square meter house and lot in Quezon City, a condominium unit in Taguig City, a four-hectare rest house in Batangas, a Range Rover vehicle, Lexus RX350 car, and an Indian Chief Bobber motorcycle. The purchases were mainly due to the successful salon and water refilling business of Lucia. Unfortunately, the records of these purchases were destroyed during Typhoon Ondoy in 2009. In 2023, their relationship turned sour and Lucia now wants to part ways with Santiago. However, there is a disagreement on how to divide their properties. Lucia filed a case in the Family Court, claiming that she is entitled to all of the properties. Is Lucia correct? Explain briefly.

Quick check

Under Article 147 of the Family Code, how are properties acquired during exclusive cohabitation by a man and woman capacitated to marry presumed to be owned?

How does Article 147 treat household care and family maintenance in property acquisition?

What burden of proof must a common-law spouse satisfy to claim sole ownership of property acquired during cohabitation?

Which legal requirement must be present for Article 147 of the Family Code to govern a common-law union?

Why was Lucia's claim of sole ownership over all properties acquired during her cohabitation with Santiago denied?

Learn more about these topics

1. Common Law Co-Ownership
Under Article 147 of the Family Code, when a man and a woman who are capacitated to marry each other live exclusively as husband and wife without the benefit of marriage, the properties acquired by either or both of them through their work or industry during cohabitation are governed by the rules on co-ownership. The law presumes that all properties acquired during cohabitation were obtained through their joint efforts, skills, and industry. In the absence of proof to the contrary, the co-ownership shares of the common-law spouses are presumed equal.

2. Joint Contribution Presumption
Article 147 of the Family Code explicitly establishes that a party who did not participate directly in the acquisition of property or earning of income is still deemed to have contributed jointly to its acquisition if their efforts were devoted to the care and maintenance of the family and the household. The law recognizes domestic work and household care as valuable economic contributions equivalent to financial inputs. Therefore, one common-law partner cannot claim sole ownership merely because property purchases were funded primarily by their separate business or salary.

3. Rebutting Co-Ownership
To rebut the statutory presumption of equal co-ownership under Article 147, the common-law spouse claiming sole ownership must present clear and convincing evidence proving that the other partner made no actual contribution, whether financial or through household care and family maintenance. Rebuttal requires demonstrating that the non-earning partner contributed neither funds nor domestic care to the union. If the party claiming exclusive ownership fails to discharge this evidentiary burden, the statutory presumption stands, and the properties remain co-owned in equal shares by both partners.

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