Effect of Temporary Absence on Cohabitation Period for Common-Law Relationships (Philippines)

Executive summary

The Philippines does not recognize “common-law marriage” as a legal marriage. Still, cohabitation (living together as husband and wife without a valid marriage) has concrete legal effects—especially on property acquired during the relationship (Family Code arts. 147–148) and on administrative benefits (e.g., SSS/GSIS/PhilHealth/Pag-IBIG beneficiary claims).

A temporary absence (e.g., work deployment, studies, medical confinement, short-term family visits, overseas contracts) does not, by itself, break or reset the cohabitation period if the relationship continues and there is intent to resume the shared home. The law looks at the substance of the union (stability, exclusivity, marital intent, shared life), not mere uninterrupted physical presence.

Below is a thorough, practice-oriented guide.

1) Legal backdrop: cohabitation is relevant even without marriage

No “common-law marriage”

Philippine law recognizes only marriages that meet statutory formal and essential requisites. Cohabiting partners are not spouses and do not become compulsory heirs of each other by mere passage of time.

Where cohabitation matters in law

Property relations
- Article 147 (Family Code): Applies when both parties were not disqualified to marry each other but, for some reason, did not validly marry (e.g., no license) or simply lived together as husband and wife. Property acquired by their work or industry during cohabitation is co-owned in equal shares unless there is proof of unequal contributions. Bad faith affects shares and may cause forfeiture in favor of common children.
- Article 148: Applies when one or both parties were disqualified to marry (e.g., one party still married to someone else). Only properties acquired by their actual joint contributions during cohabitation are co-owned, and shares follow proven contributions (no automatic 50/50).
Criminal law touchpoints
- Certain crimes (e.g., concubinage) reference “cohabitation” as an element or aggravating circumstance. The analysis focuses on a relationship of living together as husband and wife, not the calendar of nights spent under one roof.
Administrative and private-law contexts
- Agencies (e.g., SSS/GSIS/PhilHealth/Pag-IBIG), insurers, and employers may recognize a live-in partner as a beneficiary/dependent if documentary proof of the relationship is shown. Each regime has its own evidentiary rules, but none turns solely on an unbroken daily physical presence.

2) What “cohabitation” means for Articles 147–148

Courts assess intention and conduct: a stable, exclusive relationship where the parties hold themselves out as husband and wife and pool efforts/resources toward a shared household.

Key indicators (none is indispensable; the totality matters):

Shared residence or established common household, even if one partner travels or works away for extended periods (e.g., OFW, seafarer, project-based).
Financial interdependence: joint accounts, shared bills, remittances to the common home, pooled savings, joint acquisitions.
Public repute: introductions as partners/spouses; barangay attestations; neighbors’/relatives’ testimony.
Children acknowledged by both (not required, but strong evidence).
Duration of the relationship and continuity of marital intent.

3) Temporary absence: does it interrupt or reset the cohabitation “clock”?

General rule

No. A temporary, non-terminal absence ordinarily does not interrupt or reset cohabitation if:

The parties intend to maintain the relationship and the common household; and
There is continuity of marital intent and support/communication, with an expectation to resume living together (Latin: animus revertendi).

Typical scenarios that do not break cohabitation

Overseas employment (OFW), shipboard contracts, rotational field postings.
Academic studies, medical treatment, caregiving for a parent in another city.
Short-term separations due to work schedules or calamities.

Why: Cohabitation for Articles 147–148 is functional, not literal. The law focuses on whether the union continues—emotionally, economically, and socially—despite geography.

When absence can break or end cohabitation

Permanent separation in fact: either party moves out with no intent to return, or the couple formally parts ways.
Replacement of the common household: one partner starts and sustains a separate conjugal-type household with another person.
Cessation of shared life: no support, no communication, no shared decisions, no joint property projects, and clear abandonment.

In these cases, cohabitation ends for purposes of Articles 147–148. Property acquired after the break is generally outside the co-ownership (subject to proof of later reconciliation and renewed cohabitation).

4) Property acquired during temporary absence

Under Article 147 (both free to marry):

Presumption of equal shares for property acquired by work or industry during the cohabitation period.
If one partner works away (e.g., OFW) and remits earnings to build or buy assets for the common household, those acquisitions are typically within the co-ownership so long as the relationship subsists.
Equal sharing may be rebutted by proof of unequal contribution (e.g., documents showing one party’s exclusive funding).

Under Article 148 (disqualified to marry):

Only assets acquired by actual joint contributions during cohabitation are co-owned.
If the absent partner alone buys property without the other’s contribution, it is not co-owned under Art. 148.
If contributions exist (including non-monetary like domestic services may not count under Art. 148 the way they do under Art. 147), shares follow proven proportional contributions.

Practice tip: For couples unsure whether Art. 147 or 148 applies, analyze marital capacity at the time of cohabitation and at acquisition. The same pair can fall under different articles at different times if circumstances change (e.g., an impediment is removed).

5) Evidence to show that absence was only temporary

To preserve the continuity of cohabitation during time apart, keep records that demonstrate the relationship continued despite distance:

Proof of relationship and household
- Birth certificates of common children; Certificates of Live Birth with both parents acknowledged.
- Barangay certification that the couple is known as live-in partners maintaining a household.
- Affidavits of neighbors/relatives attesting to the cohabitation and its continuity.
Proof of financial interdependence
- Remittance receipts, bank transfers, payslips annotated for family support.
- Utility bills, lease or property documents listing either/both partners tied to the common address.
- Receipts for home improvements, appliances, or construction materials shipped to the shared residence.
Proof of ongoing marital intent
- Travel records showing home visits during leave.
- Messaging logs and photos (judiciously curated) evidencing family life and planning.
- Insurance/beneficiary designations identifying the partner.
Property acquisition trail
- Deeds, ORs, mortgage papers, and funding flow (e.g., remittances → bank account → payment to developer).

6) Administrative benefits and private plans

While each scheme has its own rules, most look for credible proof that the claimant was the long-term cohabiting partner at the relevant time (e.g., at the member’s death or sickness). Short- or medium-term physical separation for work usually does not defeat claims if the relationship and support continued. Expect agencies to request affidavits, barangay certifications, ID addresses, remittances, and two or more independent proofs.

Caution: A live-in partner is not a statutory heir. Intestate succession does not award shares to the partner (children’s rights are distinct). Use wills, beneficiary designations, or co-titling to protect intentions.

7) Timeline questions: when does the cohabitation period “start” and “stop”?

Start: When the parties begin living together as husband and wife with mutual intent to form a household—not merely casual dating or sporadic overnights.
Temporary gaps: Do not reset the clock if the relationship remains intact with intent to resume shared residence.
Stop: On permanent separation, abandonment, or conversion to a different status (e.g., one lawfully marries someone else and the original union ends). Property acquired after the stop date is outside the co-ownership tied to the earlier cohabitation.

8) Special considerations

Bad faith: If one party knew of a marital impediment (e.g., still married) and cohabited anyway, bad faith can alter or forfeit shares under Art. 147; under Art. 148, only actual joint contributions count. Temporary absence does not sanitize bad faith.
Multiple concurrent unions: Courts avoid overlapping co-ownerships. If a partner secretly sustains another conjugal-type household, this indicates end of cohabitation (or bars claims) in the first union.
Domestic services as contribution: Under Art. 147, the work of either party in the home is valued as contribution to the family and supports equal sharing by default. Under Art. 148, domestic services are not treated the same; monetary or in-kind contributions must be proven.
Prescription/limitations: Property and accounting claims are subject to civil prescriptive periods depending on the nature of the action (e.g., reconveyance, accounting, damages). Get advice early; delay after separation can prejudice claims.

9) Practical playbook for couples who expect periodic separations (e.g., OFW, rotating assignments)

Document the household: Keep IDs, bills, and barangay certs at the common address.
Trace the money: Maintain clear remittance and payment records, especially for property purchases or home building.
Name each other (where allowed): insurance, employer records, health forms, emergency contacts.
Paper major buys: Ensure deeds/receipts reflect the relationship (co-titling where appropriate and lawful).
Affidavits on hand: Prepare sworn statements detailing start date, nature of the union, and periods of temporary absence with reasons and intent to return.
Plan for succession: Use wills, donations, or contracts to avoid gaps the law won’t fill.

10) Bottom line

The Philippines does not elevate cohabitation into marriage.
But cohabitation does create property consequences and can support benefit claims.
Temporary absence—for work, study, or similar reasons—does not break or reset the cohabitation period if the union continues in fact and intent.
What matters is the continuity of the relationship, shared life, and proof.

Disclaimer

This article provides general information on Philippine law and practice. It is not legal advice. Facts matter. For a concrete situation—especially where there are prior marriages, overlapping relationships, or significant assets—consult a Philippine lawyer with the full facts and documents.