Short answer

No. Common-law partners (live-in partners without a valid marriage) are not legal heirs of each other under Philippine law. They do not inherit ab intestato (by intestacy). Any transfer between them at death must come from testamentary dispositions (a will) or non-succession arrangements that are valid and do not impair the legitimes of compulsory heirs or violate donation prohibitions.

Legal foundations

Civil Code of the Philippines (Book III—Succession): Defines compulsory heirs and the legitime system. A surviving spouse is a compulsory heir only if there is a valid marriage.
Family Code (Arts. 147 & 148): Governs property relations of cohabitants (unions void from the beginning) and how their acquisitions are shared during cohabitation and upon dissolution (including by death).
Civil Code (Arts. 739 & 87 via the Family Code): Restricts donations between persons in certain relationships (including those living together as husband and wife without a valid marriage) and donations related to adulterous/concubinage relationships.
Jurisprudence: Repeatedly confirms that a common-law partner is not a legal heir. On life insurance, the Supreme Court has ruled that a beneficiary disqualified from receiving donations cannot receive insurance proceeds; courts look at capacity to marry each other and whether the relationship falls under the prohibitions.

Intestate succession (no will)

No heirship for the partner. If a person in a common-law relationship dies without a will, the survivor does not inherit by operation of law.
The decedent’s estate passes to compulsory heirs and other legal heirs in the order provided by the Civil Code:
- Legitimate children and descendants
- Legitimate parents/ascendants (in default of legitimate descendants)
- Acknowledged illegitimate children
- Surviving spouse (requires a valid marriage)
- Collateral relatives (siblings, etc.), as applicable
But: The deceased may have owned only a share of properties acquired during cohabitation (see Arts. 147/148 below). That share enters the estate for distribution to the legal heirs.

Testamentary succession (with a will)

A common-law partner may receive through a will, but only from the free portion of the estate.
A will cannot impair the legitimes of compulsory heirs (legitimate children/descendants, legitimate parents/ascendants in the proper cases, the lawful surviving spouse, and acknowledged illegitimate children).
If there is a lawful spouse or children, the free portion may be small. Any bequest to a common-law partner that encroaches on legitimes is reducible for being inofficious.
Formality matters. The will must meet Philippine formal requisites (e.g., notarial or holographic requirements). Otherwise, the bequest fails and intestacy rules apply.

Property relations of cohabitants (Family Code)

Article 147: Cohabitation between parties not disqualified to marry each other

Applies when the union is void but both were capacitated to marry (e.g., no prior subsisting marriage, but formal requisites of marriage were lacking).
Properties acquired through their work, industry, or efforts during cohabitation are co-owned in equal shares, unless there is proof of unequal contributions.
If only one partner is in good faith, the bad-faith partner’s share is forfeited in favor of the common children, and in their absence, in favor of the innocent partner.
Upon death of one partner, only the decedent’s co-ownership share (not the entire property) forms part of the estate for succession.

Article 148: Cohabitation where one or both are disqualified to marry each other

Applies when there is a legal impediment (e.g., one partner is still married to someone else).
Only properties acquired by their actual joint contributions of money, property, or industry are co-owned, and strict proof of contribution is required; otherwise, no share is recognized.
Shares are proportionate to contributions; if only one contributed, that person owns the acquisition.
Forfeiture rules also apply against a bad-faith partner, favoring common children; absent such children, forfeiture benefits the legal spouse and children of the married partner.
Again, only the decedent’s share (as proven) enters the estate.

Key practical effect: A surviving common-law partner may keep their own co-ownership share under Arts. 147/148, but they do not inherit anything else from the decedent unless there’s a valid will or a valid non-succession transfer within legal limits.

Donations and lifetime transfers

Donations between persons living together as husband and wife without a valid marriage are void, except moderate gifts on family occasions. This covers inter vivos donations; it does not automatically prohibit mortis causa dispositions via a valid will (but legitimes still cannot be impaired).
Inofficious donations (those that reduce legitimes) are reducible.
Adulterous/concubinage relationships are subject to stricter prohibitions on donations (Civil Code Art. 739).

Life insurance and similar beneficiary designations

A person may insure their own life and designate any beneficiary, but if the beneficiary is disqualified from receiving donations (e.g., on the grounds above), courts may strike the designation.
If both partners were free to marry each other, courts are generally more receptive to such designations.
Insurance proceeds are not part of the estate if payable to a validly designated beneficiary; if the designation is invalid, proceeds may revert to the estate.

Children of the decedent

All children (legitimate and illegitimate) are heirs, subject to Civil Code rules on legitime shares and order of succession.
Children born of the cohabitation inherit from their parent (the decedent), not through the surviving partner.
Establishing filial status (acknowledgment or proof of filiation) is essential for illegitimate children to claim.

Typical scenarios

Cohabitants both free to marry; no kids; no will.
- Estate passes to legitimate parents/ascendants or collaterals as the Code provides.
- Survivor keeps their own 50% co-ownership share in properties acquired by both during cohabitation (Art. 147), but inherits nothing from the decedent’s estate.
One partner still legally married to someone else; there are common children; no will.
- Under Art. 148, only acquisitions with provable joint contributions are co-owned.
- The decudent’s proven share goes to his/her children (including the common children) and lawful spouse (as surviving spouse), not to the surviving partner.
Valid will giving the “house” to the surviving partner; decedent also leaves two legitimate children.
- Bequest stands only up to the free portion; any excess encroaching legitimes of the legitimate children is reduced.
- If the house exceeds the free portion, the partner may receive it subject to collation and cash equalization (or partial annulment of the devise).
Life insurance naming the common-law partner as beneficiary; both were free to marry each other.
- Likely valid; proceeds bypass the estate, subject to public-policy limits and any case-specific disqualification.
- If the relationship falls under a donation prohibition (e.g., adultery/concubinage), the designation risks being void.

Practical planning for common-law partners

Make a will. Be explicit and respect legitimes. Consider substitution and conditional bequests to manage contingencies.
Document contributions to acquisitions during cohabitation (receipts, bank records, titles) to protect your co-ownership under Arts. 147/148.
Use non-succession tools prudently:
- Life insurance (with careful beneficiary selection).
- Titling property to reflect co-ownership or exclusive ownership where appropriate.
- Trusts (inter vivos or testamentary) structured to respect legitimes and donation rules.
- Contracts (cohabitation agreements addressing property management consistent with law).
Avoid prohibited donations. When in doubt, seek formal legal advice before making gifts between partners.
Estate inventory early. Upon death, identify what belongs to the survivor (their own assets and co-ownership share) vs. what forms part of the estate (decedent’s share and separate property).

Frequently asked questions

Do common-law partners have a legitime? No. Only compulsory heirs have legitimes, and a surviving spouse must be lawfully married to qualify.

Can a common-law partner inherit everything by will? Only if there are no compulsory heirs. If compulsory heirs exist, the partner may receive only the free portion.

What happens to property acquired together? Each keeps their share as determined by Art. 147 (equal shares, absent proof to the contrary) or Art. 148 (strict proof of contributions). The decedent’s share goes to legal heirs; the survivor’s share is outside the estate.

Is a survivorship clause on bank accounts enough? It can facilitate transfer outside estate proceedings if validly constituted and not an inofficious/prohibited donation. Validity is fact-specific.

Can we “adopt” a spouse’s surname or call each other husband/wife to create heir rights? No. Heirship arises from law, not from labels. Without a valid marriage, there is no surviving spouse for succession purposes.

Bottom line

A common-law partner does not inherit by intestacy in the Philippines.
They may receive only what the law already recognizes as theirs (their own property and co-ownership share under Arts. 147/148), plus whatever the decedent validly transfers through a will or permitted non-succession arrangements that do not violate legitimes or donation prohibitions.
Advance planning—proper titling, documentation of contributions, tailored wills, and carefully structured beneficiary designations—is essential if partners wish to provide for each other within the bounds of Philippine law.