2016 Civil Law, Q5

Bernard and Dorothy lived together as common-law spouses although they are both capacitated to marry. After one year of cohabitation, Dorothy went abroad to work in Dubai as a hair stylist and regularly sent money to Bernard. With the money, Bernard bought a lot. For a good price, Bernard sold the lot. Dorothy came to know about the acquisition and sale of the lot and filed a suit to nullify the sale because she did not give her consent to the sale.
[a] Will Dorothy’s suit prosper? Decide with reasons. (2.5%)
[b] Suppose Dorothy was jobless and did not contribute money to the acquisition of the lot and her efforts consisted mainly in the care and maintenance of the family and household, is her consent to the sale a prerequisite to its validity? Explain. (2.5%)

Quick check

Under Article 147 of the Family Code, how is property acquired during cohabitation by parties capacitated to marry governed?

What is the legal effect if one cohabiting partner sells co-owned real property without the consent of the other partner under Article 147?

How does Article 147 of the Family Code treat a partner who contributed no money but performed care and maintenance of the household?

Which of the following is a requisite for Article 147 of the Family Code to apply to a man and woman living together?

Why does Dorothy's suit to nullify the sale of the lot prosper against Bernard under Article 147?

Learn more about these topics

1. Unions Without Marriage
Under Article 147 of the Family Code, when a man and a woman who are capacitated to marry each other live exclusively together as husband and wife without the benefit of marriage, their wages and salaries shall be owned by them in equal shares. Furthermore, property acquired by both or either of them through their work or industry shall be governed by the rules on co-ownership. Property acquired during the cohabitation is presumed to have been obtained through their joint efforts, work, or industry, making both partners equal co-owners of the property acquired.

2. Property Disposition Rules
Under Article 147 of the Family Code, neither party in a cohabitation without marriage can encumber or dispose by acts inter vivos of his or her share in the co-owned property acquired during the union without the consent of the other until after the termination of their cohabitation. A unilateral sale or disposition of the common property by one spouse without the written consent of the other partner is voidable or invalid as to the non-consenting partner's undivided share, thereby enabling the non-consenting co-owner to bring an action to nullify the unauthorized sale.

3. Care and Maintenance
Under Article 147 of the Family Code, a party who did not physically or financially contribute money to the acquisition of property during cohabitation is still legally deemed to have contributed jointly in the acquisition if the former's efforts consisted mainly in the care and maintenance of the family and of the household. The law explicitly recognizes domestic labor and household care as equivalent to financial contribution, thereby entitling the stay-at-home partner to an equal share in the co-owned property acquired during the cohabitation.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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