This article explains, in practical, litigation-ready terms, what a surviving common-law partner (live-in partner) may claim after the other partner dies—and what they cannot—under Philippine private law. It covers co-ownership rules under the Family Code, succession, evidence, procedures, tax touchpoints, and risk-management tips.

1) First principles (why “spouse” vs “partner” matters)

No marriage, no spousal rights. A common-law partner is not a “surviving spouse.” They do not inherit ab intestato (by default intestate succession) and do not get spousal legitimes, usufructs, or family-home protections reserved to a legal spouse.
What they can assert are property rights arising from the relationship itself—primarily co-ownership over assets acquired during the union—plus any testamentary gifts the decedent validly left to them (out of the free portion).

2) Two legal frameworks for property acquired during cohabitation

The Family Code recognizes two different regimes depending on whether the partners were free to marry each other when they started living together.

A) Article 147 (both partners were capacitated to marry)

Scope. Applies to unions where neither partner was married to anyone else and there was no other legal impediment.
Presumption of equal shares. Wages, incomes, and properties acquired by their work or industry during cohabitation are co-owned, presumed equal unless proven otherwise by clear evidence of unequal contribution.
Exclusions. Properties acquired by gratuitous title (e.g., inheritance, pure donation) remain exclusive to the recipient.
Bad faith forfeiture rules. If one partner acted in bad faith (e.g., concealed an impediment), that party’s share in the co-owned acquests is subject to forfeiture in favor of the common children or, in default, other statutorily preferred recipients. (Courts apply this on a case-by-case basis; document good faith.)

B) Article 148 (one or both partners were not capacitated to marry)

Scope. Applies to unions void for cause (e.g., one partner was validly married to another person; incestuous/adulterous relationships; other legal impediments).
Tighter rule on shares. Only properties acquired by their actual joint contributions of money, property, or industry are co-owned, and shares follow proven contributions. No presumption of equality.
Exclusions & third-party rights. If one partner was validly married to someone else, property attributed to that person is often presumed to belong to the property regime of the valid marriage, subject to proof to the contrary. Expect contests by the legal spouse and legitimate family.

Practical effect at death: Identify which article applies, then (1) segregate the survivor’s co-ownership share from (2) the decedent’s share, which alone forms part of the estate to be inherited by the decedent’s heirs (children, parents, etc.).

3) What the surviving partner may claim

3.1. Co-ownership share in properties acquired during the union

Art. 147 case: Start from 50–50 presumption over properties acquired by work/industry during cohabitation. This includes earnings, savings, vehicles, business assets, and real estate paid for from joint effort. The presumption can be rebutted (e.g., proof one party alone paid).
Art. 148 case: You must prove actual contributions (cash receipts, bank transfers, payroll allocations, invoices, testimonies). Shares follow contributions.

3.2. Reimbursement/settlement for debts and improvements

If the survivor used exclusive funds to improve a co-owned asset, claim reimbursement or a larger share consistent with contribution.
If the survivor’s separate property paid for the decedent’s exclusive debts, claim reimbursement from the estate.

3.3. Testamentary gifts (will) within the free portion

The decedent may validly bequeath part of the estate (the free portion) to the partner by notarial will. The gift cannot impair legitimes of compulsory heirs (children/descendants; in default, ascendants; and, where applicable, a legal spouse).
Donations inter vivos between persons living together as husband and wife without a valid marriage are generally void; use wills, insurance, and clear co-ownership documentation instead.

3.4. Life insurance proceeds

As a rule, a person may designate any beneficiary in a life insurance policy. Proceeds do not form part of the estate unless the estate is the beneficiary. However, premiums and designations can be challenged if shown to defraud compulsory heirs (reduction/collation scenarios). Keep premium and policy records.

4) What the surviving partner cannot claim (absent a will)

No intestate share as “surviving spouse.”
No spousal legitime (e.g., usufruct or fixed fractional share reserved by law to a spouse).
No automatic rights in the family home regime reserved for a lawful family.
No rights over the decedent’s exclusive properties acquired before the union or by gratuitous title, except for proven reimbursements.

5) Children and other heirs: who inherits the decedent’s share

Common children (whether born within or outside marriage) are compulsory heirs and inherit the decedent’s share in accordance with the Civil Code’s legitime rules.
If there is a legal spouse (because the decedent never validly married the partner), the legal spouse is a compulsory heir and will share with the children.
In the absence of descendants and a legal spouse, the legitimate ascendants (parents) inherit, then collateral relatives per intestacy.
The surviving partner, as such, is not in the intestate line.

6) Workflow after death: how to separate shares and settle

Step 1 — Profile the union

Gather documents showing whether the partners were free to marry (CENOMARs, prior marriage records, annulment/death certificates). This determines Art. 147 vs 148.

Step 2 — Inventory the assets and classify

List all assets: real property, bank accounts, investments, vehicles, businesses, receivables, personal property.
For each item, decide if it is: a) Co-owned acquest (by work/industry or contribution during cohabitation), b) Exclusive to the decedent (pre-relationship, gratuitous title), or c) Exclusive to the survivor.

Step 3 — Compute shares

Art. 147: Presume equal shares in acquests; adjust if strong proof rebuts equality.
Art. 148: Allocate strictly by proven contributions (money/property/industry).
Only the decedent’s share proceeds to estate settlement.

Step 4 — Settle the estate

Extrajudicial settlement (EJS) is possible if there is no will, no debts, and all heirs are of legal age or represented. The surviving partner signs only as a co-owner of the acquests (to acknowledge carve-out), not as an heir.
Judicial settlement/probate if there’s a will, minor heirs, debts, or disputes (e.g., legal spouse contests; children dispute shares; classification fights).

Step 5 — Taxes and transfers

Estate tax applies to the net estate consisting of the decedent’s share only. Properly carve out the partner’s co-ownership share before computing tax.
File the Estate Tax Return, pay tax, secure eCARs, and transfer titles/registrations.
Use Deed of Assignment/Partition reciting the Article 147/148 basis and computations.

7) Evidentiary toolkit (what convinces courts and BIR)

Cohabitation proof: joint IDs, barangay certifications, lease/utility bills, affidavits of neighbors, school records of common children.
Acquisition trail: titles, deeds, bank statements showing payments, payroll slips, remittances, tax returns, invoices, receipts, loan documents, business permits.
Contribution proof (Art. 148): deposits from the survivor to purchase accounts, receipts in survivor’s name, builder’s contracts, sworn statements of contractors/vendors.
Exclusions: documents showing inheritance or pure donations to the decedent (to keep those out of the acquests).
Insurance and beneficiary records (if relevant).
Good faith evidence (Art. 147): CENOMARs, prior-marriage death/annulment decrees.

Rule of thumb: If you can trace the money or the work/industry to the survivor, you can make the co-ownership stick.

8) Hard scenarios and how they’re handled

Bigamy/impediments (Art. 148). Expect the legal spouse to assert that properties belong to the conjugal/absolute community of the valid marriage. The survivor must prove direct contributions to carve out a share.
Title in one name only. Title is not conclusive of ownership share. Courts look past title to the source of funds and the legal regime.
Business assets and goodwill. Treat as part of acquests if built during cohabitation; value by accounting records, appraisals, or expert testimony.
Bad-faith partner. Shares of a partner who knew of an impediment can be exposed to forfeiture rules favoring common children or other beneficiaries designated by law.
Commingled bank accounts. Use forensic tracing (deposits timing; salary credits) to apportion.
Foreign assets. Apply situs and conflict-of-laws rules; still begin with local regime to characterize the property (movables vs immovables).

9) Estate-planning strategies that work (and what to avoid)

Workable:

Clear co-ownership documentation at acquisition (acknowledging each partner’s contribution under Art. 147/148).
Wills giving the free portion to the partner (respecting legitimes).
Life insurance naming the partner as beneficiary.
Business structuring (partnership shares, equity on record) that mirrors contributions.
Trusts and buy-sell agreements for businesses (mind the legitime rules).

Avoid / High-risk:

Donations between partners while cohabiting (generally void).
Using partners’ names on title without matching money trails (invites reduction or reclassification).
Benami/straw arrangements to hide assets from compulsory heirs (courts unwind these).
Estate plans that ignore existing legitimate marriages or children (likely to be struck down or reduced).

10) Quick computation examples

Example 1 — Art. 147 (both free to marry)

House bought during cohabitation for ₱6,000,000; fully paid by pooled salaries; no proof of unequal contributions.
Co-ownership: 50% (₱3,000,000) survivor; 50% (₱3,000,000) decedent.
Estate: Only ₱3,000,000 (decedent’s half) enters the estate and is shared by his heirs (children, etc.). The survivor is not an heir but keeps her ₱3,000,000 outright.

Example 2 — Art. 148 (one partner was married to someone else)

Vehicle worth ₱1,000,000 bought during the union. Survivor proves she paid ₱300,000; the rest came from the decedent (who had a legal spouse).
Co-ownership (survivor vs decedent/valid marriage): 30% survivor; 70% attributable to the decedent/valid marriage’s property regime (subject to that regime’s internal rules).
On the decedent’s death, only his allocable share within that 70% passes to his legal heirs; the survivor keeps 30%.

11) How to proceed—playbooks for each role

Surviving partner

Secure the scene: Collect titles, ORs, bank statements, business papers, insurance policies.
Get civil status docs: CENOMARs, prior marriage records, kids’ birth certificates.
Engage counsel to (a) classify assets under Art. 147/148, (b) draft a Co-Ownership Recognition & Partition Agreement, and (c) align with estate settlement.
Coordinate with heirs to carve out your share before estate tax returns are finalized.

Heirs/executors

Inventory & classify with counsel; do not include the survivor’s share in the gross estate.
If disputed, file for judicial settlement, invite the survivor as a co-owner claimant, and ask the court for separate adjudication of the survivor’s share.
File tax returns reflecting only the decedent’s share; attach computations and supporting proof.

Buyers/creditors dealing with the estate

Require evidence of carve-out (acknowledgment of the survivor’s co-ownership) to ensure you acquire clean title free of later claims.

12) Frequently asked questions

Q1: We lived together 15 years; everything is in his name. Do I lose everything? Not necessarily. Title is not ownership. If Art. 147 applies, you likely own half of property acquired by both parties’ work or industry, unless disproven. Under Art. 148, claim exactly what you can prove you contributed.

Q2: Can I be an heir if he wrote a will? Yes, as a devisee/legatee—but only from the free portion. Legitimes of compulsory heirs must be respected.

Q3: We had no children. Do I get anything by default? No intestate share. You keep only your co-ownership portion. The decedent’s share goes to his legal heirs.

Q4: He was still legally married to someone else. Can I claim half? Under Art. 148, there is no 50–50 presumption. You must prove your actual contributions and will recover only that proportion.

Q5: Are gifts he gave me during our cohabitation valid? Generally void if they were donations between persons living together as husband and wife without a valid marriage. Courts, however, will enforce your co-ownership and reimbursements.

13) Bottom line

A surviving common-law partner is not a statutory heir but can own a real share of acquests via co-ownership under Art. 147 (equal presumption) or Art. 148 (prove contributions).
Only the decedent’s share goes to the estate; carve out the survivor’s portion first before computing estate tax or distributing to heirs.
Solid documentation—of civil status, contributions, and acquisitions—wins cases, smooths tax processing, and prevents later title attacks.
For future protection, combine clear co-ownership records, a will respecting legitimes, and insurance/business structuring.

If you want, share the relationship facts (dates, prior marriages, key assets), and I’ll draft a classification matrix and a carve-out clause you can use in an extrajudicial settlement or in court pleadings.