The property relations and legal rights of common-law partners (a man and a woman living together as husband and wife without the benefit of marriage) depend primarily on whether they possess any legal impediment to marry each other.
When Partners Have No Legal Impediment to Marry (Article 147)
If the partners are capacitated to legally marry each other and live exclusively together, their properties are governed by the rules on special co-ownership under Article 147 of the Family Code.
- Wages and salaries earned by either party during the cohabitation are owned in equal shares.
- Properties acquired through their joint efforts, work, or industry are presumed to be owned in equal shares.
- If one partner did not contribute financially but took charge of the care and maintenance of the family and household, this is considered a valid contribution entitling them to an equal share of the acquired properties (often referred to as the Tender Loving Care Doctrine).
When Partners Have a Legal Impediment to Marry (Article 148)
If the partners cannot legally marry due to an impediment (e.g., adulterous, bigamous, or incestuous relationships), their property relations are strictly governed by Article 148 of the Family Code.
- Wages and salaries belong exclusively to the party who earned them.
- Properties are co-owned only if there is proof of actual joint contribution of money, property, or industry. Mere cohabitation without proof of actual contribution will not result in co-ownership.
- Their shares in the co-owned properties are strictly in proportion to their respective contributions. If there is no proof to the contrary, their actual contributions are presumed equal.
Prohibition on Donations Donations between common-law spouses are void.
The law applies the same prohibition on donations between legally married spouses to common-law partners in order to prevent undue influence and improper pressure between them.
Exemption from Marriage License
If the common-law partners have lived together exclusively for at least five (5) continuous years and have absolutely no legal impediment to marry each other during that entire period, they are legally exempt from the requirement of securing a marriage license should they decide to get married.
English