Inheritance Rights of the Legitimate Family versus a Live-In Partner (Philippine Law, 2025 perspective)

This article is for information only and does not replace personalized advice from a Philippine lawyer specialised in succession and family-property law.

1. Basic Concepts & Statutory Framework

Concept	Key Sources
Succession (testate & intestate)	Civil Code, Book III, Title VI (Arts. 960 – 1101)
Compulsory-heir system & legitime	Arts. 887 – 908 Civil Code
Property regimes of spouses	Family Code, Arts. 75 – 147
Property relations of unions without marriage	Family Code, Art. 147 (void marriage/no impediment) and Art. 148 (with impediment, e.g., still married to someone else)
Illegitimate children’s rights	Arts. 887 & 895 Civil Code; Family Code, Arts. 176 & 171 – 174 (as amended by R.A. 9858 & R.A. 11222)
Relevant jurisprudence	Abalos v. Heirs of Gomez (G.R. No. 158989, 16 Jun 2005); Heirs of Malate v. Gamboa (G.R. No. 196590, 15 Dec 2009); Tumlos v. Fernandez (G.R. No. 137650, 25 Jan 2000); Ninal v. Badayog (G.R. No. 133778, 19 Jun 2000); Kasilag v. Rodriguez (G.R. No. 4541, 25 Aug 1910)

2. Who are the Compulsory Heirs?

Under Article 887 Civil Code they are:

Legitimate children & legitimate descendants
Legitimate parents & legitimate ascendants (only when there are no legitimate descendants)
Surviving spouse
Acknowledged illegitimate children and other illegitimate children
Parents of an illegitimate child (in default of all of the above)

A live-in partner/common-law partner is not on this list and therefore has no legitime and is never a compulsory heir.

3. Rights of a Legitimate Spouse and Legitimate Children

Scenario	Legitime of spouse	Legitime of each legitimate child
Spouse + one legitimate child	Equal shares: ½ estate divided equally between spouse and the child (e.g., ¼ + ¼); second half = free portion
Spouse + ≥ 2 legitimate children	Each child and the spouse each get a share equal to one child (Art. 892); together they take one-half of the estate
Spouse with no descendants but with legitimate parents/ascendants	Spouse gets ½, parents/ascendants share ½
Spouse with no descendants or ascendants	Spouse’s legitime = ½; the other half is free portion

On top of the legitime, the spouse may still have:

(a) His/her ½ share of community or conjugal property (if the regime is Absolute Community of Property or Conjugal Partnership of Gains); and
(b) Inheritance rights to the exclusive separate property of the deceased per the table above.

4. Legal Position of a Live-In Partner

No legitime, no intestate share A live-in partner may inherit only through:
- (a) Testate succession – by being instituted as a devisee/legatee within the free portion (after compulsory heirs receive legitimes).
- (b) Donations inter vivos – subject to the same legitime reservation.
Property relations during the union
- Article 147 (void marriage, no impediment) – a co-ownership arises over property acquired through joint efforts or industry. Contributions in cash, property, industry and even homemaker services are deemed equal unless proven otherwise. Upon death, the survivor keeps his/her share of the co-owned assets before any succession begins.
- Article 148 (void union with impediment, e.g., one partner is still married) – property acquired by mutual contribution only becomes co-owned in proportion to actual contributions. Purely exclusive acquisitions by one partner remain exclusive.
Support / pension – Philippine law grants no survivor’s pension or support to a live-in partner (unless expressly provided in an insurance or pension contract).
Claims against the estate – A partner may file:
- (a) Creditors’ claims (e.g., unpaid loans, reimbursement for improvements);
- (b) Settlement of co-ownership under Arts. 147 / 148 before partition among heirs.

5. Illegitimate Children of the Live-In Union

Although the partner has no legitime, their illegitimate children do.

Share: Each illegitimate child is entitled to ½ of the legitime of a legitimate child (Art. 895).
Barrier Rule: Legitimate and illegitimate children now inherit directly, without the old “iron curtain” between them (after 1987 Family Code).

6. Collision of Rights: Typical Fact Patterns

6.1 Decedent still legally married, but cohabiting with another

Stakeholder	Rights
Legitimate spouse	½ of conjugal/community property + legitime as spouse through succession
Legitimate children	Legitime as compulsory heirs
Live-in partner	No successional right. May claim (a) her actual share in Art. 148 co-ownership and (b) anything left to her in a will (free portion only).
Illegitimate children of the union	Legitime (½ of each legitimate child’s share)

The Supreme Court in Heirs of Malate v. Gamboa held that property acquired with a paramour while still in a valid marriage falls under Art. 148; the legitimate spouse could assert that such property is still part of the conjugal or community estate unless the paramour proves her monetary contribution.

6.2 Both partners single but their marriage was void (e.g., missing license)

Art. 147 applies. Upon one partner’s death:

Partition the co-owned property: each gets presumed 50 % (or proven proportions).
The deceased’s half enters succession.
Surviving partner still has no legitime from the other half, but keeps his/her own 50 % as co-owner.
Heirs (legitimate or illegitimate children, legitimate parents) succeed to the decedent’s ½.

7. Estate-Planning Options for Couples in a Live-In Arrangement

Tool	How it helps	Caveats
Notarial Last Will	Leave up to the free portion (generally ½ where there are compulsory heirs) to a partner	Must respect legitimes; formalities strict
Separate property titling / co-ownership agreement	Clarifies each party’s share and avoids disputes with legal spouse/heirs	Cannot prejudice legitimes of compulsory heirs
Inter vivos donations	Gradual transfer while alive; may use Deed of Donation with right of usufruct	Donations inofficious (exceed legitime/free portion) can be reduced after death
Life insurance with partner as irrevocable beneficiary	Insurance proceeds are not part of the estate (Art. 2015 Civil Code; Sec. 53 Ins. Code)	Must not violate public policy (e.g., killing-for-proceeds)
Trusts / UITF / mutual fund designations	Assets kept outside estate; partner can be beneficiary	Fees & management; must be validly constituted

8. Selected Jurisprudence (Succinct Digests)

Case	Gist
Abalos v. Heirs of Gomez (2005)	Presumption of equal shares under Art. 147; homemaker services count as contribution.
Heirs of Malate v. Gamboa (2009)	When one partner is still married, Art. 148 governs; contributions must be proved; legitimate spouse’s conjugal rights prevail.
Ninal v. Badayog (2000)	Nullity of marriage does not erase paternity; children remain illegitimate and are compulsory heirs.
Tumlos v. Fernandez (2000)	Builder in good faith concepts may apply when partner improves property owned by the other.
Kasilag v. Rodriguez (1910)	Early case confirming that a concubine cannot inherit ab intestato.

9. Practical Checklist for Lawyers & Clients

Identify marital status of the deceased at time of death.
Classify each asset – conjugal/community, exclusive property, or Art. 147/148 co-owned.
List compulsory heirs and compute legitimes (observe “illegitimate = ½ legitimate”).
Determine free portion; check will/donations for validity.
Advise live-in partner on asserting co-ownership share and creditor’s claims, but clarify zero legitime.
Mediate early – succession fights often begin with conflicting property classifications; settlement agreements save cost.

10. Conclusion

In Philippine succession, status is king. A legitimate spouse and legitimate children enjoy constitutionally protected compulsory shares. A live-in partner, no matter how long the union, is never a compulsory heir and must rely on contractual/voluntary mechanisms (wills, donations, co-ownership rights) to receive property.

Because these rules are mandatory and courts strictly enforce legitimes, couples in non-marital unions should engage in pro-active estate and property planning if they wish to protect each other financially. Equally, legitimate spouses separated only de facto retain full successional and conjugal claims unless a valid court decree of nullity or divorce (foreign) intervenes.

When in doubt, secure tailored legal advice; each estate has unique facts that can drastically shift the distribution schema.