Rights and Obligations of Live-In Partners in the Philippines

This is a practical legal overview for people cohabiting (“live-in,” “common-law,” or “domestic partners”) under Philippine law. It explains how property, children, benefits, and liabilities are handled when two people live together without a valid marriage. It is general information, not legal advice.

1) Cohabitation in Philippine law: what it is and what it is not

No “common-law marriage.” The Philippines does not convert long cohabitation into a legal marriage. You don’t get the same automatic rights spouses have (e.g., conjugal property regime, legitime as a compulsory heir, spousal support, automatic hospital/visitation/consent rights, right to use the other’s surname, etc.).
But the law still governs your situation. The Family Code creates special property co-ownership rules for couples who live together without a valid marriage. Which rule applies depends on whether you were free to marry each other when you started living together.

2) Two legal regimes for property: Article 147 vs. Article 148 (Family Code)

A. Article 147 — both partners were free to marry each other

Applies if neither partner was married to somebody else (e.g., you never married, or a prior marriage had already been nullified), but your own marriage to each other is void (or you never married at all).

Key effects:

Co-ownership arises over property acquired during cohabitation through your joint efforts, work, or industry.
- Homemaking and child care count as contributions (even without cash).
Presumption of equal shares. If there’s no proof of unequal contributions, the law presumes 50/50.
Exclusions. Property owned before living together, or acquired by exclusive donation/inheritance, stays exclusive—unless clearly intended for the partnership.
Bad faith & forfeiture. If a partner acted in bad faith (e.g., hid a legal impediment), that partner’s share in the co-owned property may be forfeited in favor of the common children; if none, typically to the innocent partner (subject to court findings).
Debts. There is no conjugal partnership. A partner’s personal debts are personal. However, debts proven to have benefited the co-owned property or household may be charged against the co-owned assets to that extent.

B. Article 148 — at least one partner was not free to marry the other

Applies if one or both partners were married to someone else (or otherwise disqualified to marry each other) when the live-in union began.

Key effects:

Stricter rule; no equal-share presumption. Only property acquired through each partner’s actual, provable contributions (money, property, or industry) is co-owned, in proportion to those contributions.
- Domestic services (housework/childcare) do not count as “actual contribution” here.
No contribution, no share. If you cannot prove contribution, you generally don’t acquire a co-ownership interest (apart from possible equitable claims like unjust enrichment, which are fact-intensive).
Bad faith & forfeiture. A partner in bad faith may forfeit their share; the law protects the legitimate spouse and children of the married partner.
Debts. Same idea: personal debts stay personal, except to the extent they benefited the co-owned property.

Practical test: If both of you were single/widowed/annulled when you moved in together → Article 147. If either had an existing valid marriage → Article 148.

3) Managing, titling, and dividing property

Titles vs. beneficial ownership. Title in one name is not conclusive under Articles 147/148. Courts look at when/how property was acquired and who contributed. Keep paper trails (receipts, bank transfers, mortgage statements, business ledgers).
Exclusive vs. co-owned assets.
- Exclusive: pre-cohabitation assets; pure donations/inheritances; assets bought solely with exclusive funds (traceable).
- Co-owned: acquired during cohabitation through joint efforts (Art. 147) or actual contributions (Art. 148).
Improvements. If exclusive property is improved with partnership funds/effort, the value added may be reimbursable.
Administration/transactions. As with any co-ownership, acts of administration can be done by any co-owner; acts of ownership/disposition (e.g., sale, mortgage) generally need consent of all co-owners, or else they bind only the seller’s share.
Separation break-up. Either partner may sue for partition and accounting, including reimbursements and fruits/rents attributable to the co-owned share.

4) Children of live-in partners

Filiation (how to prove parent-child status).
- Motherhood follows the birth record.
- Fatherhood can be established by acknowledgment (e.g., PSA birth certificate with Acknowledgment/Admission of Paternity; notarized acknowledgment; or court action/DNA).
Surname. A non-marital child uses the mother’s surname by default, but may use the father’s surname if recognized and the documentary requirements are met through the civil registry’s administrative process (or by court order).
Parental authority & custody. As a default rule, parental authority over a non-marital child belongs to the mother. Courts can grant the father custody/visitation/support arrangements based on the child’s best interests.
Support. Both parents (married or not) are legally obliged to support their child in proportion to resources and needs. Support includes food, shelter, clothing, medical, education, and transportation.
Inheritance of children. Non-marital children are compulsory heirs, with legitime set by the Civil Code/Family Code. Complexities remain (e.g., rules restricting intestate succession between non-marital children and certain legitimate relatives). Always check the current jurisprudence when planning an estate.

5) The partners’ rights upon death of a partner

No automatic inheritance rights for the surviving live-in partner. A live-in partner is not a compulsory heir. The survivor inherits only if:
1. named in a will, within the free portion after honoring the legitimes of compulsory heirs; or
2. receives assets via beneficiary designations (e.g., life insurance, some retirement plans) or inter vivos transfers that are valid.
Estate planning tools to consider:
- Will (with proper execution formalities).
- Life insurance and retirement plan beneficiary designations.
- Co-ownership agreements and clear titling.
- Special Powers of Attorney (SPAs) and health-care directives for medical, banking, and property decisions if one partner becomes incapacitated.

6) Donations and transfers between live-in partners

Between partners both free to marry each other: Generally allowed (subject to donor’s capacity, taxes, and absence of fraud against creditors), but still review fairness and timing.
If at least one partner is married to someone else: Donations between persons guilty of adultery/concubinage are void as against public policy. Even outside those crimes, transfers can be attacked as in fraud of the legitimate spouse/children or creditors. Seek counsel before making any large transfers.

7) Public-law protections, risks, and criminal law

Protection from violence (RA 9262). The Anti-Violence Against Women and Their Children Act protects women (and their children) not only against spouses, but also against live-in/dating partners. Courts can issue Protection Orders (Barangay, Temporary, or Permanent).
Adultery/concubinage risks. If one partner is still legally married to someone else, cohabitation may expose both to criminal complaints (depending on circumstances and proof).
Child marriage is illegal. Cohabitation with or marriage to a person under 18 is a criminal offense. Related child-protection laws also apply.

8) Benefits and government/private programs (SSS, PhilHealth, Pag-IBIG, employer plans)

There is no universal rule treating a live-in partner like a legal spouse. Some programs allow beneficiary designations; others limit dependents to legal spouses or children. Action point: Proactively check each provider’s rules and file/update beneficiary forms (and keep copies).

9) Practical checklist for live-in partners

Know your regime: Were you both free to marry (→ Art. 147) or was one married (→ Art. 148)?
Paper trail: Keep receipts, bank records, mortgage/loan papers, and a simple ledger of who paid what.
Title carefully: When buying major assets, decide whose name(s) go on title, and why.
Write it down: Consider a co-ownership/cohabitation agreement (lawful, fair, and not contrary to public policy) to memorialize contributions, shares, and exit rules.
Estate & emergencies:
- Execute SPAs/medical directives; list beneficiaries where allowed.
- Consider a will to provide for your partner within the free portion.
Children: Ensure proper filiation documents, discuss custody/visitation, and set up support arrangements in writing.
Insurance & risk: Maintain life/health insurance; clarify who pays which debts; avoid using one partner’s personal loans for joint assets without a written understanding.
Safety: If there is abuse, seek Protection Orders and support services immediately.

10) Common Q&A

Q: Can I use my partner’s surname? A: No. Only spouses may legally use the other’s surname. Using it informally can cause ID/document issues.

Q: If we break up, can I force a sale of the house titled in my partner’s name? A: You can file for partition/accounting if you can show a co-ownership share (Art. 147 or 148). Title alone is not decisive.

Q: Do I owe “spousal support” to my partner? A: There is no spousal-support obligation between live-in partners. Parental support for common children is mandatory.

Q: Does living together for 5, 10, or 20 years create a marriage? A: No. The length of cohabitation does not create a marriage in the Philippines.

Q: Can we “legitimate” our child if we later marry each other? A: Yes, but only if both parents were not disqualified to marry each other at conception (e.g., neither had an existing marriage then) and the later marriage is valid.

11) How courts decide these cases

Courts focus on facts and evidence: who was free to marry, when assets were acquired, who contributed (and how much), whether there was bad faith, and what documents support each claim. Clear documentation and consistent testimony often decide outcomes.

12) Final notes

The labels (“live-in,” “common-law”) don’t determine the outcome—Articles 147/148 do.
Rights over children are distinct from rights between partners.
Estate and tax consequences can be significant; large gifts, property transfers, and wills require careful planning.
Jurisprudence evolves. For high-stakes decisions (property worth millions, contested custody, estate planning where there are compulsory heirs), consult a Philippine lawyer to apply the latest rulings to your exact facts.