Here’s a clear, practice-oriented legal explainer on Property Rights of Unmarried Cohabiting Partners in the Philippines—what the law says, how the courts generally apply it, and what to expect in real-life situations. (Philippine law; no web sources used.)

Core legal bases

Family Code of the Philippines (E.O. 209)
- Art. 147 – property relations of couples who live together as husband and wife without a valid marriage, but are NOT disqualified to marry each other (e.g., a marriage license was missing; or they never married at all, yet both were single, widowed, or otherwise free to marry).
- Art. 148 – property relations of couples who are disqualified to marry each other (e.g., one or both are already married to someone else; incestuous or otherwise void for public policy).
- Art. 87 – donations between spouses during marriage are void; applies by analogy to those “living together as husband and wife without a valid marriage.”
Civil Code (co-ownership rules) – Arts. 484–501 govern management, fruits, expenses, partition, and remedies for co-owned property.
Succession law – No legal succession rights between the partners themselves; rights flow to their children/heirs under the Civil Code/Family Code.

First fork in the road: Are you legally free to marry each other?

A. You were both free to marry (Art. 147)

Typical scenarios: you were both single (or widowed/annulled) but never married, or you went through a ceremony later declared void (e.g., no license).

What counts as “partnership property”

Wages and salaries earned by either during cohabitation are co-owned.
Properties acquired through your joint efforts, work, or industry during cohabitation are co-owned.
Presumption of equal shares: Contributions are presumed equal unless a party proves a different proportion.
Property exclusively acquired with one partner’s separate funds (e.g., a condo bought entirely from her pre-cohab cash) remains exclusive, but the increase in value due to both partners’ efforts may be considered in equity.

What’s not co-owned

Properties acquired before living together (remain exclusive).
Pure donations or inheritances to one partner (remain exclusive)—but improvements paid for by both may be subject to reimbursement/partition of value added.

Bad faith & forfeiture (Art. 147 last paragraph)

If one partner acted in bad faith (knew there was a legal impediment, or deceived the other), the bad-faith partner’s share may be forfeited in favor of the common children; if none, in favor of the innocent partner; if none, to the State.
If both acted in bad faith, equitable forfeiture and equal shares can still apply, but the law prioritizes the interests of common children.

B. One or both were NOT free to marry (Art. 148)

Typical scenarios: bigamous/adulterous cohabitation; relationships void for public policy.

Narrower pool of co-owned assets

Only properties acquired by the parties through their actual joint contribution of money, property, or industry are co-owned.
No automatic pooling of wages and salaries here; each party’s income stays individual unless you can prove actual contribution to the acquisition.
Shares are in proportion to proven contributions (money, property, or work/industry).
If you cannot prove contributions, the law presumes them equal—but that presumption applies only to property shown to be jointly acquired, not to each person’s separate earnings.

Bad faith & forfeiture (Art. 148 last paragraph)

Shares of those in bad faith may be forfeited in favor of common children, or if none, the innocent partner, then the State—similar policy to Art. 147, but applied in a stricter regime.
Where one party is validly married to someone else, that married party’s share can have consequences for their absolute community/conjugal partnership with the legal spouse (e.g., exposure to claims of the legal spouse and legitimate children). Courts protect the legal family.

Gifts, titles, and “work of the home”

Donations between the partners are void (Art. 87). You can’t “fix” things by executing a deed of donation to each other for assets acquired while cohabiting.
Titling (whose name is on the title or receipt) is not conclusive. Courts look at sources of funds and efforts (industry, caretaking that enabled the other to earn, running a family business, etc.).
Domestic services and child-rearing count as “industry” under Art. 147 (and as contribution under Art. 148), especially when they free the other to earn. Evidence still matters.

Management, fruits, expenses, and debts (co-ownership rules apply)

Management/use: Each co-owner may use the property without injuring the interest of the others.
Fruits and income: Natural fruits, civil fruits (rent, interest), and industrial fruits are shared in proportion to shares.
Necessary/ useful expenses: The partner who advanced necessary or useful expenses may demand reimbursement and, in proper cases, a lien on the property or participation in the increased value.
Improvements: Useful improvements paid by one may justify reimbursement or a bigger cut of the value added (not always the land itself).
Debts: Obligations incurred for the common property bind the co-ownership; personal debts do not—creditors can reach only the debtor’s undivided share, not the whole.

What happens on breakup or death

No legal succession between the partners. You cannot inherit from each other by law (intestate succession). You may make wills, but remember:
- Compulsory heirs’ legitimes must be respected (children, spouse, etc.). A will can leave the free portion to the partner.
Liquidation/partition:
1. List assets acquired during cohabitation, identify which fall under Art. 147 or 148.
2. Determine shares (equal presumption in 147; proportional to contributions in 148, with a fallback presumption if contributions can’t be proved for jointly acquired items).
3. Account for fruits and expenses (reimbursements, improvements, necessary expenses).
4. Apply forfeiture rules where there is bad faith.
5. Partition in kind if feasible; otherwise, sell and split proceeds per shares.
Death of a partner: The surviving partner does not inherit by law, but may claim:
- Their co-ownership share of partnership property,
- Reimbursements and accounting,
- Any testamentary disposition validly left to them within the disposable free portion.

Children born of the union

Common children are nonmarital children and are compulsory heirs of each parent.
Forfeiture priority in both Art. 147 and 148 favors common children over partners who acted in bad faith.
Support: Parents owe support to their children regardless of marital status.

Evidence that actually moves cases

Bring/keep:

Proof of income and purchases during cohabitation (payroll, bank statements, remittances, receipts).
Deeds & titles (even if only in one name) + proof of who paid.
Testimony and records showing non-monetary contributions (managing a store, running household enabling the other to work, renovations you supervised/paid for).
Communications acknowledging joint plans/payments.
Tax & utility records indicating shared use/investment.

Courts look past bare title and test for actual contribution and good or bad faith.

Special issues & recurring pitfalls

Foreign nationals & land: A foreign partner cannot own land in the Philippines. Titling land in the Filipino partner’s name cannot be “cured” by claiming co-ownership to defeat the constitutional ban. Courts may allow reimbursement of proven funds spent, but not ownership of land.
Condominiums: Foreign ownership is possible within the 40% foreign cap. Co-ownership analysis still applies to how the unit was paid for.
Family home: A “family home” can exist even outside marriage (head of a family concept), but statutory exemptions against execution have specific requirements (actual occupancy, value ceilings, timing). Don’t assume a blanket shield.
Donations while cohabiting: As noted, donations to each other are void; using them to “paper over” ownership issues often backfires.
Hidden assets: A partner who conceals or dissipates co-owned assets faces accounting and, in proper cases, damages.
Criminal overlay (bigamy/adultery/concubinage): Findings of bad faith here can feed into forfeiture and share computation under Arts. 147/148.

Practical roadmaps

If you’re both free to marry (Art. 147 applies)

Inventory everything acquired since you started living together.
Mark which items came from either’s pre-cohab or exclusive funds.
Apply equal presumption for the rest; adjust if there’s clear proof of unequal contributions.
Compute reimbursements for necessary/ useful expenses and improvements.
Partition (by agreement or by court action).

If one is married to someone else (Art. 148 applies)

Identify only assets with actual joint contributions—proof is key.
Assign shares strictly by proven money/property/industry contributions (fallback presumption equal if contributions cannot be quantified for a jointly acquired asset).
Consider possible forfeiture if bad faith is established.
Expect claims from the legal spouse/family to intersect with the titled partner’s share.

Common Q&A

Do we need receipts in both names? No, but they help. Courts will weigh who paid and how. Sworn statements + bank trails + credible testimony often carry the day.

Is “housework” a contribution? Yes—industry includes domestic services that enable the other to earn, particularly under Art. 147 (and can count under Art. 148 as “industry” where tied to joint acquisition).

We broke up; the house title is in her name. Do I still get something? If Art. 147: yes, presumed equal in partnership acquisitions unless disproved. If Art. 148: only to the extent of your proven contribution (money/property/industry) to acquiring that house.

Can I will everything to my partner? You can will only the free portion. Compulsory heirs (e.g., children, spouse) must receive their legitimes.

We want to avoid fights later—what can we sign? A cohabitation agreement spelling out contributions, ownership shares, and what happens on breakup. It can’t validate what the law forbids (e.g., donations between partners; foreign land ownership), but it’s valuable evidence of intent and contributions.

Quick compliance checklist (to protect both sides)

Keep a timeline of when you started living together.
Maintain separate records of pre-cohab assets versus those acquired during cohab.
Pay big-ticket items from traceable accounts; note who contributed what.
For home/business improvements, keep receipts, photos, and logs.
Consider a written property-sharing agreement; execute wills if appropriate.
If there’s a legal impediment (e.g., one is married), get independent advice—Art. 148 is strict.

Bottom line

If you lived together and were both free to marry, the default under Art. 147 is a partnership-like co-ownership, with a presumption of equal shares over properties acquired by your work/industry during cohabitation (including wages/salaries).
If one or both were not free to marry, Art. 148 limits co-ownership to assets proven to be acquired by your actual joint contributions, with shares in proportion to those contributions (and only a limited presumption when contributions can’t be quantified for a jointly acquired asset).
Donations between partners are void, there is no legal succession between partners, and bad faith can cause forfeiture in favor of common children (then the innocent partner, then the State).

If you want, tell me your fact pattern (who was free to marry, when you started cohabiting, key assets, who paid what), and I’ll map it onto these rules and draft a clean partition/accounting plan you can take to counsel.