(Philippine legal context; for general information only, not legal advice.)

1) Big picture: no “common-law marriage,” but the law still regulates property

In the Philippines, living together without marriage does not create a marital property regime (no conjugal partnership or absolute community). An unmarried partner is not treated as a “spouse” for most property and succession rights.

However, Philippine law does recognize that couples may live together and acquire property, and it supplies default rules—mainly under the Family Code and the Civil Code rules on co-ownership—to determine:

who owns what while cohabiting,
how property is divided when the relationship ends, and
what happens when a partner dies.

Children change the stakes (support, custody, inheritance), but they do not automatically give one parent ownership over the other parent’s property.

2) The legal “buckets” that determine property rights

Most disputes turn on which legal situation applies:

A. You are both free to marry each other (no legal impediment), but you did not marry

This is governed primarily by Family Code, Article 147 (property relations in unions without marriage where parties are capacitated to marry each other and live exclusively as husband and wife).

Key effects (simplified):

Wages and salaries earned during the union are generally owned in equal shares.
Property acquired during the union through work or industry is generally treated as co-owned.
A partner who did not pay cash may still have a share if they contributed through care and maintenance of the home/family (household management can count as contribution).
Property acquired by gratuitous title (inheritance/donation) generally belongs to the recipient alone, subject to rules on fruits/income depending on circumstances and proof.

Good faith / bad faith matters: If one partner is in bad faith (e.g., deception), the law allows forfeiture of the bad-faith partner’s share in favor of the common children, then other categories in the order the law provides.

B. One or both of you are NOT free to marry (e.g., one is married to someone else), or the relationship is otherwise disqualified

This is governed primarily by Family Code, Article 148 (property relations in unions where parties are not capacitated to marry each other, or relationships with impediments).

Key effects (simplified):

Only properties acquired through actual joint contribution (money, property, or work/industry that can be proven) are co-owned.
Shares are generally in proportion to proven contributions.
No presumption of equal sharing just because you lived together.
Household services alone are typically harder to use to claim ownership here; courts often look for proof of contribution in acquisition.

Forfeiture can also apply in certain bad-faith circumstances, and common children are commonly protected as preferred recipients of forfeited shares.

C. You’re not married, but you intentionally bought/held property together

Even without Articles 147/148, you can still end up in a Civil Code co-ownership situation (e.g., both names on title; explicit agreement; joint purchase). Co-ownership rules (Civil Code on co-ownership) then govern partition, administration, and each co-owner’s share.

3) What counts as “property” and how ownership is usually determined

Common categories

Real property (land/house/condo)
Personal property (cars, appliances, jewelry, business equipment)
Bank deposits/investments
Businesses (sole proprietorships, partnerships, corporations, informal ventures)
Insurance benefits and retirement benefits (often governed by beneficiary designation and agency rules)

The biggest practical rule: title is evidence, not always the whole story

If the TCT/condo title is in one partner’s name, that partner appears as the owner.
But the other partner may still claim a beneficial share if they can prove contribution (or if Article 147’s presumptions apply).
Claims often proceed via actions such as partition, reconveyance, accounting, or enforcement of an implied/resulting trust—depending on the facts.

4) Property acquired while cohabiting: common outcomes

If Article 147 applies (both free to marry each other)

Typical outcomes include:

Equal sharing in wages/salaries and many acquisitions during cohabitation, unless a different proportion is proven.
Presumptions may help the economically weaker partner.
Household and childcare work may support a claim.

If Article 148 applies (not free to marry / with impediment)

Typical outcomes include:

You usually must show receipts, remittances, bank transfers, loan documents, payroll, proof of payments, or credible testimony of concrete contribution to the purchase/improvement.
If you cannot prove contribution, the property is often treated as belonging to whoever paid or whose name is on the title.

5) The family home: can it protect your residence?

The Family Code’s “family home” concept can, in certain cases, protect the dwelling from execution by creditors (with exceptions). The family home is generally deemed constituted upon actual occupancy as a family residence, provided legal requirements are met.

For unmarried families, protection may still be possible in practice, but it is highly fact-dependent:

Who owns the house/lot?
Is the claimant an “unmarried head of the family” under the Code?
Are the debts among those excepted from protection?

This area is often litigated because creditors’ rights and ownership/title issues overlap.

6) When the relationship ends: separation, division, and remedies

A. If you can agree: settlement documents

Many couples resolve property by contract, such as:

Deed of Partition (for co-owned property),
Deed of Sale (one buys out the other),
Quitclaim/Release (be cautious—these can be attacked if unconscionable or signed under pressure),
Compromise Agreement (often used when a case is already in court).

B. If you cannot agree: court actions commonly used

Depending on the facts, claims may be framed as:

Action for partition (to divide co-owned property),
Reconveyance (when property is titled in one name but claimed beneficially by another),
Accounting (especially for income-producing property or business),
Collection/reimbursement (for proven payments, improvements, or loans),
Annulment of simulated sale (if property was placed in someone else’s name to hide ownership).

C. What courts look for (especially under Article 148)

Expect intense focus on evidence:

purchase contracts, loan documents, titles, deeds,
proof of payment (bank records, remittances),
improvement costs and who paid,
credible witness testimony,
consistency of the parties’ story over time.

7) Death of a partner: the most misunderstood area

A. An unmarried partner is generally not an heir

Under Philippine succession rules, a live-in partner is not automatically a legal heir the way a spouse is. That means:

If your partner dies intestate (no will), you typically do not inherit merely by cohabiting—even if you had children together.

B. But you may still have property rights separate from inheritance

Two different questions get mixed up:

What part of the property was already yours (co-ownership/share)?
What part belongs to the deceased’s estate (and who inherits it)?

If you can prove that certain assets are co-owned, your share is not inheritance—it is your property. Only the deceased’s share goes to the estate for distribution to heirs.

C. Children’s inheritance rights are strong

Children—whether legitimate or illegitimate—have inheritance rights. In particular:

Illegitimate children are compulsory heirs under Philippine law.
As a general rule, an illegitimate child’s share is one-half of the share of a legitimate child (in contexts where both exist), and specific computations depend on what other compulsory heirs survive (spouse, legitimate children, etc.).

D. Planning tools that matter (because cohabitants don’t inherit by default)

Unmarried partners often protect each other through:

Wills (subject to the legitime of compulsory heirs),
Insurance beneficiary designations,
Payable-on-death / beneficiary arrangements (when offered by institutions),
Co-ownership structuring (careful: anti-fraud rules and tax issues apply),
Special power of attorney and healthcare decision documents (practical, not inheritance).

8) Children: legitimacy, custody, support, and how this intersects with property

A. Legitimacy status

A child born to parents not married to each other is generally illegitimate, unless later legitimated by subsequent marriage under conditions set by law (and other narrow exceptions).
Legitimacy affects surname, parental authority defaults, and inheritance computations.

B. Parental authority and custody (common rule)

For illegitimate children, the mother generally has sole parental authority, while the father commonly has rights such as visitation (subject to the child’s best interests and any court orders). Disputes are resolved under the “best interest of the child” standard.

C. Support is mandatory

Both parents are obliged to support their child. Support typically covers:

food, shelter, clothing,
education,
medical needs,
transportation and other essentials consistent with the family’s means.

Support obligations exist regardless of the parents’ relationship status and can be enforced in court.

D. Surname and recognition

An illegitimate child generally uses the mother’s surname, but Philippine law allows use of the father’s surname if the father recognizes the child under the requirements of law (commonly encountered through acknowledgment processes and related statutes).

9) Practical “do this now” guidance for unmarried partners with children

If you want to reduce future conflict:

Document contributions (payments, remittances, improvements).
When buying property, consider:
- whether both names should appear on title,
- whether your arrangement fits Article 147 or 148 realities,
- how you will prove contributions if needed.
Keep banking trails: use transfers instead of cash when possible.
For the child:
- ensure proper birth registration and recognition details are correct,
- address support in writing if you separate.
Consider estate planning:
- wills (mind compulsory heirs),
- insurance beneficiary designations,
- clear ownership documentation for major assets.

10) Frequently asked questions

“We lived together for 10 years. Half is automatically mine, right?”

Not always. If both were free to marry and lived exclusively as spouses, Article 147 may support equal sharing in many assets. If there was a legal impediment (e.g., one party married), Article 148 often requires proof of contribution and may not presume equal shares.

“The house is in my partner’s name but I paid for renovations.”

You may have a claim for reimbursement or beneficial co-ownership, depending on proof, the governing article (147 vs 148), and the nature of payments.

“We have a child, so I inherit if my partner dies.”

A child’s existence does not automatically make a cohabiting partner an heir. The child inherits; the surviving partner usually inherits only if named in a valid will (and only up to the disposable free portion after legitimes).

“Can my partner sell the property without me?”

If the property is co-owned, unilateral sale of the entire property is generally not allowed; a co-owner can typically sell only their undivided share. If the property is solely titled to one partner and no co-ownership is proven, that titled owner often has broad power to sell—subject to possible later claims.

Key takeaways

Unmarried cohabitation does not create spousal property rights, but Articles 147 and 148 can create enforceable property sharing rules depending on whether you were free to marry each other.
Proof matters—especially under Article 148.
A surviving live-in partner is generally not an heir, but may claim their co-ownership share.
Children have strong rights to support and inheritance, but that does not automatically transfer property rights between parents.
The most effective protection is a mix of clear documentation, proper titling, and estate planning consistent with compulsory heirs’ legitimes.