Does a Surviving Common-Law Partner Have Inheritance or Property Rights in the Philippines?
When a live-in partner dies, the surviving partner often assumes that years together, or a house bought side by side, automatically means something comes to them. Philippine law draws a hard line here: being someone’s partner is not the same as being their heir, and the property rules that govern a couple while they are alive are not the same rules that decide what happens to a person’s estate when they die. This guide separates the two questions — property rights during the relationship versus inheritance rights at death — and explains what a surviving common-law partner can and cannot claim, and what to do about it.
Direct Answer
A surviving common-law or live-in partner is not a legal or compulsory heir under the Civil Code and generally inherits nothing from the deceased partner’s estate if there is no will. Only a validly married surviving spouse, legitimate and illegitimate children and descendants, and legitimate parents and ascendants are compulsory heirs; a partner who was never legally married to the decedent does not fall into any of those categories, no matter how long the couple lived together. What the surviving partner keeps is their own pre-existing share of any property that was co-owned under Family Code Article 147 or 148 while the couple lived together — that share was always theirs and is not part of the deceased’s estate. The deceased partner’s own share of that co-owned property, and all of the deceased’s exclusive property, passes to the deceased’s compulsory and legal heirs under the ordinary rules of succession. A decedent can leave property to a live-in partner only through a valid will, within the portion the law allows, and only if neither partner had a legal impediment (most commonly, an existing marriage to someone else) during the relationship — if either partner did, Civil Code Articles 739 and 1028 make that testamentary gift void.
Decision Snapshot
- Applies to: A person whose live-in or common-law partner has died, or who is planning ahead for that possibility, where the couple was never validly married to each other.
- Default rule: No marriage, no inheritance. A common-law partner is not a compulsory or intestate heir under the Civil Code, however long the relationship lasted.
- What the partner keeps outright: Their own proven share of property co-owned under Family Code Article 147 (no legal impediment between the partners) or Article 148 (a legal impediment existed) — this is ownership, not inheritance, so the partner’s death does not affect it.
- What a will can and cannot do: A valid will can leave the free portion to a live-in partner as a voluntary heir — but only if neither partner had a legal impediment to marry the other; if one was validly married to someone else, the gift is void under Civil Code Arts. 739 and 1028.
- First action: Identify and document the partner’s own contribution to any jointly held property now, and — if there is no legal impediment between the partners — ask a lawyer about a notarial will, insurance beneficiary designation, or other lawful arrangement before a death makes options disappear.
Key Takeaways
- Inheritance in the Philippines is status-based: only a validly married spouse, children and descendants, and parents and ascendants are compulsory heirs under Civil Code Article 887. A live-in partner is not on that list.
- If the deceased left no will, the surviving partner receives nothing from the deceased’s estate through intestate succession — the estate passes to the deceased’s own relatives in the order the Civil Code sets out.
- Property the couple actually co-owned under Family Code Article 147 or 148 is different from inheritance: the surviving partner’s own share was never part of the deceased’s estate and is not affected by the death, but the deceased’s share is, and that share does pass to the deceased’s heirs.
- A will can leave property to a live-in partner, but only within the “free portion” left after compulsory heirs get their legitimes, and only if there was no legal impediment between the partners during the relationship.
- If either partner was validly married to someone else, any donation or testamentary gift to the other partner is void under Civil Code Articles 739 and 1028 — the Supreme Court has enforced this strictly, including against a live-in partner who received a house as a gift.
- The same disqualification has been applied to life insurance: a partner disqualified from receiving a donation under Article 739 is also disqualified from being validly named as a life insurance beneficiary.
- Government programs such as SSS and GSIS have their own, separate rules on who qualifies as a dependent beneficiary — these do not automatically match the Civil Code’s succession rules and should be confirmed directly with the agency.
- Planning ahead — a will, correct property titling, and beneficiary designations, where legally available — is the only reliable way to protect a live-in partner; waiting until after a death leaves very few options.
In This Guide
- Two Different Questions: Property Rights and Inheritance Rights
- Legal Basis
- Why a Live-In Partner Is Not a Legal Heir
- What the Surviving Partner Keeps: Their Own Article 147/148 Share
- Can a Will Leave Something to a Live-In Partner?
- Life Insurance, SSS, GSIS and Other Benefits
- How the Estate Is Settled, and Where the Surviving Partner Fits
- Your Options and What to Do Next
- Common Misunderstandings
- Practical Checklist
- Frequently Asked Questions
Legal Basis
| Authority | What it governs | Relevance here |
|---|---|---|
| Civil Code of the Philippines (Republic Act No. 386), Art. 887 | Lists the compulsory heirs entitled to a legitime | A validly married surviving spouse is a compulsory heir; a live-in partner is not listed and has no legitime |
| Civil Code, Arts. 960, 978–1014 | When intestate succession applies and which relatives, the legal spouse and finally the State inherit when there is no will | Confirms that a live-in partner receives nothing by intestate succession; the estate goes to the decedent’s own relatives, or ultimately the State, before any unrelated partner |
| Civil Code, Art. 739, in relation to Art. 1028 | Voids donations, and by extension testamentary gifts, between persons guilty of adultery or concubinage at the time of the gift | Makes a will provision for a live-in partner void if either partner had a subsisting marriage to someone else during the relationship |
| Civil Code, Art. 2012, in relation to Art. 739 | Disqualifies a person who could not validly receive a donation from being named a life insurance beneficiary | Applies the same adultery/concubinage disqualification to life insurance proceeds |
| Family Code of the Philippines (Executive Order No. 209), Arts. 147–148 | Property relations of couples who cohabit without a valid marriage between them | Determines what the surviving partner already owns in their own right, separate from the question of inheriting from the deceased |
| Family Code, Art. 87 | Extends the spousal prohibition on donations to couples living together as husband and wife without a valid marriage | An inter-vivos gift between live-in partners is generally void even where no third-party marriage is involved, except moderate family-occasion gifts |
| Civil Code, Arts. 804–806, 810, 838, 842, 888 | Will formalities, probate, freedom to dispose, and the legitime of legitimate children | Sets how much a will can leave to a live-in partner and requires court probate before a will passes any property |
| Rules of Court, Rule 74, Sec. 1 | Extrajudicial settlement of an estate by the heirs, or partition by ordinary action if they disagree | Heirs settle the estate; the settlement does not bind anyone who did not take part or had no notice |
| Agapay v. Palang, G.R. No. 116668 (July 28, 1997) | Supreme Court application of Article 148 and Article 739 to a live-in partner’s claims against a deceased partner’s property | Denied the live-in partner any share in property she did not prove she helped pay for, and voided a house transfer to her as a prohibited donation |
| Insular Life Assurance Co., Ltd. v. Ebrado, G.R. No. L-44059 (October 28, 1977) | Supreme Court ruling on disqualification of a common-law partner as a life insurance beneficiary | Confirms the Article 739 disqualification extends to insurance proceeds, not just property donations |
Two Different Questions: Property Rights and Inheritance Rights
People often use “inheritance” loosely to mean “what I get to keep after my partner dies.” Philippine law actually asks two separate questions, and mixing them up is the single biggest source of confusion in these cases.
Question 1: What did the surviving partner already own?
While an unmarried couple lives together, any property they acquire is governed by Family Code Article 147 (if neither partner had a legal impediment to marry the other) or Article 148 (if one did, most commonly because that partner was already validly married to someone else). Under either article, each partner can end up owning a share of certain property — not because they inherited it, but because the law treats it as co-owned from the moment it was acquired. See FamilyCode.ph’s guide to property rights of live-in partners under Articles 147 and 148 for how that share is established and proven.
Question 2: What does the surviving partner get from the deceased’s estate?
This is a completely different legal question, governed by the Civil Code’s rules on succession, not the Family Code’s rules on property relations between live-in partners. Succession asks: who are this person’s heirs, and in what shares? The answer to that question does not depend on who the decedent lived with or loved — it depends on specific legal relationships: marriage, legitimate or illegitimate filiation, and blood relationship. A common-law partner, by definition, is related to the decedent by none of those things.
The practical consequence: when a live-in partner dies, the surviving partner does not “inherit” anything through succession. What they can keep is only what Question 1 already gave them — their own, separate, pre-existing share of co-owned property. Everything else that belonged to the deceased, including the deceased’s own share of that same co-owned property, passes to the deceased’s heirs under Question 2’s rules.
Why a Live-In Partner Is Not a Legal Heir
Article 887 of the Civil Code lists the compulsory heirs who are entitled to a legitime — a share of the estate that cannot be taken away by a will: legitimate children and descendants; in their default, legitimate parents and ascendants; the widow or widower; and acknowledged illegitimate children. A live-in partner who was never validly married to the decedent is a “widow or widower” of no one and fits none of the other categories. The same exclusion carries through to intestate succession — the default rules that apply when there is no will. Civil Code Article 960 lists when intestate succession applies (no will, an invalid will, a will that does not dispose of the whole estate, and similar situations), and Articles 978 to 1010 set out which relatives inherit and with whom: descendants first (Art. 978), then parents and ascendants (Art. 985), illegitimate children (Art. 988 and following), the legal surviving spouse (Arts. 995–1002), and collateral relatives such as siblings, nephews and nieces (Art. 1003 and following). If literally no relative within the degrees recognized by law can be found, Articles 1011 to 1014 send the estate to the State by escheat — before it would ever go to an unrelated live-in partner.
This means that however long a couple lived together, however many years of combined effort went into a home, and however the couple described themselves to family and friends, none of that converts the surviving partner into an heir. The Agapay v. Palang case illustrates this starkly: when Miguel Palang died, his live-in partner Erlinda Agapay was not treated as an heir at all. The dispute was decided entirely between Miguel’s compulsory heirs — his legal wife and his legitimate daughter — and Erlinda’s claims were evaluated only under Article 148’s rules on proving an actual contribution to specific property, not under any inheritance theory.
What the Surviving Partner Keeps: Their Own Article 147/148 Share
This is the part that is most often misunderstood, so it is worth stating plainly: a surviving live-in partner’s own co-ownership share in property acquired during the relationship is not something they inherit — it is something they already own, and the partner’s death does not take it away.
| Scenario | What happens to the property |
|---|---|
| Both partners had no legal impediment to marry each other (Article 147), and the property was acquired through either partner’s work, industry, or homemaking during the cohabitation | The property is presumed co-owned in equal shares. The deceased partner’s own share becomes part of their estate and passes to their compulsory/legal heirs; the surviving partner keeps their own share outright, as owner, not as heir. |
| A legal impediment existed (Article 148) — most commonly, one partner was validly married to someone else — and the surviving partner can prove an actual money, property, or industry contribution | The surviving partner keeps the share proportional to their proven contribution, as owner. The deceased’s share (and any share forfeited by a partner who acted in bad faith) is distributed under Article 148’s forfeiture rules and ordinary succession, not to the surviving partner as a windfall. |
| The surviving partner cannot prove any actual contribution under Article 148 | The Supreme Court has held there is no co-ownership share to speak of for that partner in that asset — as happened to the claimant in Agapay v. Palang regarding the riceland she could not show she helped pay for. |
| Property was titled solely in the surviving partner’s name but was in fact paid for entirely by the deceased, during a period when the deceased had a subsisting marriage to someone else | This is treated as a donation between persons disqualified from donating to each other and is void under Civil Code Art. 739 and Family Code Art. 87 — the deceased’s estate (and ultimately the deceased’s legal heirs) may recover it, as happened with the house in Agapay v. Palang. |
In practice, this means the death of a live-in partner is often the moment a surviving partner’s Article 147 or 148 claim is tested for the first time — usually by the deceased’s own relatives, who as heirs now have a direct financial interest in showing that the surviving partner’s claimed share is smaller than claimed, or does not exist at all. The evidence rules are the same ones that apply in a breakup: title documents, receipts, bank records, and proof of actual contribution carry the case, not general claims about how long the couple lived together. See FamilyCode.ph’s companion guide on what happens to jointly-purchased property when a live-in relationship ends for the kind of evidence that matters and how a disputed share is resolved through negotiation, barangay conciliation, or court action.
Can a Will Leave Something to a Live-In Partner?
Yes — but only within real limits, and only for couples who were legally free to marry each other.
If neither partner had a legal impediment to marry the other
A person with no compulsory heirs may leave all or any part of the estate by will to anyone with capacity to succeed; a person with compulsory heirs may do so only without impairing their legitimes (Civil Code Art. 842). For example, the legitime of legitimate children is one-half of the parent’s estate, and the other half is free only “subject to the rights of illegitimate children and of the surviving spouse” (Art. 888). A live-in partner can therefore receive only what remains of the free portion, as a voluntary heir or legatee. The exact shares change with the testator’s family situation, so they should be worked out with a lawyer when the will is drafted, not assumed afterward.
The will must also meet the Civil Code’s formalities. A notarial will is signed by the testator and at least three credible witnesses and acknowledged before a notary public (Arts. 804–806); a holographic will must be entirely written, dated and signed by the testator’s own hand (Art. 810). No will passes any property until a court has proved and allowed it (Art. 838), so a partner named in a will needs the will presented for probate after the death. Lifetime gifts are a separate matter: Family Code Art. 87 voids gifts between partners living together as husband and wife without a valid marriage, except moderate gifts on family occasions, while Civil Code Art. 1028 carries only the Article 739 prohibitions over to wills.
If either partner had a legal impediment — most commonly, an existing marriage to someone else
Here the rule is much stricter, and it is not a technicality: Civil Code Article 1028 expressly extends the Article 739 prohibition on donations to testamentary provisions. Article 739 voids any donation made between persons who were guilty of adultery or concubinage at the time of the donation. The same article lets the spouse of the donor or donee bring the action to declare the gift void, and guilt may be proved by a preponderance of evidence in that same action, so no prior criminal conviction is needed. The Supreme Court in Agapay v. Palang treated a property transfer to a live-in partner during a subsisting marriage to someone else as exactly this kind of void donation — and the same reasoning applies to a gift made by will. In that situation, a will provision leaving property to the live-in partner is void, and the property instead passes as though that provision did not exist — generally to the testator’s compulsory and legal heirs.
This is a hard rule with real consequences for estate planning: if a person wants to provide for a live-in partner and either of them has a subsisting marriage to someone else, a will cannot lawfully be used to do it, and the couple should get independent legal advice on what lawful options (if any) remain, rather than relying on a document a court can later void.
Life Insurance, SSS, GSIS and Other Benefits
Succession law is not the only place this issue comes up. The Supreme Court in Insular Life Assurance Co., Ltd. v. Ebrado held that Civil Code Article 2012 applies the Article 739 disqualification to life insurance: a person who could not validly receive a donation from the insured because of an existing marriage to someone else cannot be validly named as that insured’s life insurance beneficiary either. In that case, the common-law partner was disqualified and the proceeds went to the insured’s estate instead. The same logic that governs wills therefore governs an insurance beneficiary designation: it is available to live-in partners who had no legal impediment to marry each other, but not where one partner had a subsisting marriage to someone else.
Government social insurance programs are a separate matter again. SSS, GSIS, PhilHealth, and Pag-IBIG each set their own rules, in their own charters and implementing rules, for who qualifies as a dependent or beneficiary for survivorship, death, or retirement benefits — these rules do not automatically mirror the Civil Code’s succession rules or the Article 739 disqualification discussed above, and they can change. A surviving live-in partner who may be entitled to a benefit, or who is trying to confirm whether they qualify, should raise the question directly with the relevant agency (for SSS, sss.gov.ph; for GSIS, gsis.gov.ph) rather than assume the civil-law rules above answer the question for that specific program.
How the Estate Is Settled, and Where the Surviving Partner Fits
When a person dies, the estate is settled either out of court by the heirs or through a court proceeding. The route matters to a surviving live-in partner because it decides where a co-ownership claim has to be raised.
| Route | When it is used | What it means for the surviving partner |
|---|---|---|
| Extrajudicial settlement (Rule 74, Sec. 1) | No will, no debts, and all heirs of age or represented; heirs divide the estate by a public instrument filed with the Register of Deeds | Only heirs sign. It can divide only the deceased’s estate, and it does not bind anyone who did not take part or had no notice |
| Ordinary action for partition (Rule 74, Sec. 1; Civil Code Art. 494) | Heirs disagree, or a co-owner wants the common property divided | A co-owner may demand partition of their share at any time; no prescription runs while the co-ownership is recognized |
| Probate and judicial settlement (Civil Code Art. 838) | There is a will, or the heirs cannot settle out of court | A partner named in a will needs the will allowed by the court; a co-ownership claim should be raised with the administrator early |
Rule 74 also requires the fact of an extrajudicial settlement to be published in a newspaper of general circulation. The Supreme Court has explained that this publication protects creditors and is not constructive notice to people who did not take part in the settlement (Cua v. Vargas, G.R. No. 156536, October 31, 2006). A surviving partner who learns that the heirs are preparing or have signed an extrajudicial settlement covering property the partner helped pay for should object in writing to the heirs right away and get legal advice on an action to protect that share. Which court hears a partition or recovery case depends on the property and its value, and whether barangay conciliation must come first depends on where the parties live; the companion guide on jointly-purchased property after a live-in relationship ends covers those steps.
Timing: this guide does not state a single filing deadline for a surviving partner’s claim, because the period depends on the action filed. Article 494 protects a co-owner only while the others expressly or impliedly recognize the co-ownership, so act promptly once the heirs deny your share.
Your Options and What to Do Next
If you are the surviving partner
| Your situation | Realistic option | Where to go / first action |
|---|---|---|
| Your live-in partner has already died, and you believe you co-own specific property with them | Assert your own Article 147/148 share — this is a property claim, not an inheritance claim | Gather titles, receipts, bank records, and proof of contribution; raise your claim with the estate’s administrator/heirs, or through the estate settlement proceeding itself if one is filed |
| The deceased’s heirs are settling the estate without acknowledging your share | Participate in or respond to the estate settlement to protect your proven share before property is distributed | Consult a lawyer about intervening in the settlement proceeding, or filing a separate action to recover or partition the specific property, promptly — delay can weaken your position |
| You cannot afford a private lawyer | Apply for free legal representation through the Public Attorney’s Office | Nearest PAO office with proof of income; see FamilyCode.ph’s PAO eligibility guide for the income test and required documents |
| You and your partner are both currently free to marry each other and want to protect each other | Have a lawyer draft a valid will leaving the lawful free portion to each other, and consider consistent beneficiary designations on insurance and retirement accounts | A Philippine lawyer experienced in wills and estates, before either partner becomes seriously ill or incapacitated |
| You or your partner has a subsisting marriage to someone else | Understand that a will or insurance designation for the other partner will likely be void; discuss what, if anything, can lawfully be done (such as properly documenting actual contributions to specific property) with a lawyer | A Philippine family and estate lawyer — do not rely on an informal gift, donation, or unverified will provision |
| You simply want clarity on co-ownership shares while both partners are alive, to avoid disputes later | Title property accurately, keep contribution records, and consider a notarized co-ownership or partition agreement | Register of Deeds for titled property; a lawyer to draft any co-ownership documentation |
If you are one of the deceased partner’s heirs
| Your situation | Realistic option | Where to go / first action |
|---|---|---|
| The surviving partner claims a share and can document it | Recognize the proven share and partition that asset by written agreement before settling the rest of the estate | A lawyer to draft the partition and settlement; Register of Deeds for titled property |
| The partner claims a share you believe they did not pay for | Ask for proof: Art. 148 requires proof of actual contribution, while Art. 147 presumes equal shares | Collect titles, deeds of sale and bank records; get advice before signing anything the partner proposes |
| Property was given or willed to the partner while the deceased was married to someone else | Challenge the gift as void under Civil Code Arts. 739 and 1028 and Family Code Art. 87 | Court action, as the legal wife and daughter did in Agapay v. Palang; consult a lawyer or PAO |
| The partner was named life insurance beneficiary despite a subsisting marriage | Claim the proceeds for the estate under Civil Code Art. 2012 | Notify the insurer in writing and consult a lawyer; in Insular Life v. Ebrado the proceeds went to the estate |
| No will, no debts, and all heirs agree | Extrajudicial settlement under Rule 74, Sec. 1 | Public instrument filed with the Register of Deeds, then publication; leave out property the partner co-owns |
First concrete step for either side: before anyone signs an extrajudicial settlement, waiver or quitclaim, list every asset the couple held, note whose name is on each title, and gather the proof of who paid for it. Bring the PSA death certificate, titles or tax declarations, deeds of sale, bank and loan records, and any will to the first meeting with a lawyer or the Public Attorney’s Office.
Common Misunderstandings
- “We lived together for 20 years, so I’m like a common-law wife/husband with inheritance rights.” The Philippines does not recognize a “common-law spouse” status that carries inheritance rights, no matter how long the relationship lasted. Only a validly married surviving spouse is a compulsory heir.
- “The house is in both our names, so half of it is mine to keep and the other half I inherit too.” If both names are genuinely on the title as co-owners, you keep your own half as owner — but you do not also inherit the deceased’s half; that half passes to the deceased’s own heirs unless a valid will says otherwise.
- “My partner told everyone they wanted me to have everything, so that counts.” Verbal intentions and private understandings are not a will and have no legal effect on succession. Only a will that complies with the Civil Code’s formalities — and, where a legal impediment exists, that does not run afoul of Article 739 — can change who gets what.
- “If there’s no will, the government will at least give me something since I was closest to them.” Intestate succession follows the fixed order in the Civil Code based on legal relationship, not emotional closeness or who lived with the deceased. A live-in partner is not in that order at any point before the State itself.
Practical Checklist
- Determine whether Article 147 or Article 148 governed your relationship, based on whether either partner had a legal impediment to marry the other during the time property was acquired.
- Gather titles, receipts, bank records, and other proof of your own actual contribution to any property you believe you co-own.
- If your partner has died, separate your own property claim (your Article 147/148 share) from any claim against the estate — you have no claim to the latter unless you are named in a valid will.
- Check whether a will exists, and if so, whether any gift to you could be void because of a legal impediment between you and the decedent.
- If you qualify financially, consult the Public Attorney’s Office; otherwise consult a private lawyer before signing any waiver, settlement, or quitclaim with the deceased’s heirs.
- If you and your partner are both alive and free to marry each other, consider a validly executed will, consistent beneficiary designations, and accurate property titling now, rather than after a health crisis.
- If a legal impediment exists between you and your partner, get specific legal advice on what — if anything — can lawfully protect you, rather than relying on an informal arrangement.
Frequently Asked Questions
Does a common-law partner automatically inherit if there is no will?
No. Without a will, the estate passes through intestate succession to the deceased’s legal heirs — children and descendants, parents and ascendants, illegitimate children, a legal spouse, and then collateral relatives such as siblings — under the order and shares in Civil Code Articles 978 to 1014. A live-in partner is not included.
If my name is not on the title, do I get nothing when my partner dies?
Not necessarily. Under Article 147, property acquired during the cohabitation is presumed co-owned in equal shares even if only one partner’s name is on the title, as long as there was no legal impediment between you. Under Article 148, you can still claim a share by proving an actual contribution, even without your name on the title — but you carry the burden of proving it.
Can my partner leave me property in a will if we were never married?
Yes, if neither of you had a legal impediment to marry the other, a will can leave you a share of the free portion as a voluntary heir, after the legitimes of any compulsory heirs are set aside. If either of you had a subsisting marriage to someone else, that gift is void under Civil Code Articles 739 and 1028.
Can I be named as my live-in partner’s life insurance beneficiary?
Generally yes, if neither of you had a legal impediment to marry the other. If either of you had a subsisting marriage to someone else, the Supreme Court has held that the same rule disqualifying a concubine from receiving a donation also disqualifies them from being a valid insurance beneficiary.
Will SSS or GSIS pay me as my deceased partner’s common-law spouse?
That depends on each program’s own rules, which are separate from the Civil Code succession rules discussed in this guide and can differ from them. Confirm current eligibility directly with SSS or GSIS rather than assuming the civil-law rules above apply to a specific government benefit.
Can the deceased’s family settle the estate without me?
Yes. If you are not an heir, the heirs can settle the deceased’s estate among themselves, out of court if there is no will and no debts. But an extrajudicial settlement can divide only the deceased’s property, not your own co-owned share, and Rule 74 says it does not bind a person who did not take part or had no notice. Put your claim in writing and get legal advice before the property is transferred.
What should we do now if we want to protect each other?
If you are both legally free to marry each other, consult a lawyer about a validly executed will and consistent beneficiary designations. If either of you has a subsisting marriage to someone else, get specific legal advice, because the usual planning tools (wills, donations, insurance beneficiary designations) are largely unavailable to you under Articles 739, 1028 and 2012.
Related Guides
- Property Rights of Live-In Partners: Articles 147 vs 148 — the framework that decides what a surviving partner already owns.
- What Happens to Jointly-Purchased Property When a Live-In Relationship Ends in the Philippines? — the same evidence and partition rules, applied to a breakup instead of a death.
- How Property Is Divided After an Annulment or Void Marriage in the Philippines — for couples whose relationship involved a marriage, rather than cohabitation alone.
- Free Legal Assistance Through PAO in the Philippines — eligibility and how to apply if you cannot afford a private lawyer.
Sources and Legal Citations
Statutes and codes
- Civil Code of the Philippines, Republic Act No. 386, Arts. 494, 739, 804–806, 810, 838, 842, 887, 888, 960, 978–1014, 1028, 2012 — full text via LawPhil
- Family Code of the Philippines, Executive Order No. 209 (1987), Arts. 87, 147–148 — full text via LawPhil
Supreme Court rules and jurisprudence
- Agapay v. Palang, G.R. No. 116668, July 28, 1997 — full text via LawPhil (void donation to a live-in partner during a subsisting marriage; Article 148 proof-of-contribution requirement)
- Insular Life Assurance Co., Ltd. v. Ebrado, G.R. No. L-44059, October 28, 1977 — full text via LawPhil (Article 739 disqualification extended to life insurance beneficiary designations under Article 2012)
- Rules of Court, Rule 74, Sec. 1 (extrajudicial settlement), as quoted and applied in Cua v. Vargas, G.R. No. 156536, October 31, 2006 — full text via LawPhil
Official agency material
- Public Attorney’s Office, official eligibility and services information — pao.gov.ph
- Social Security System — sss.gov.ph
- Government Service Insurance System — gsis.gov.ph
Sources rechecked as of: October 3, 2026
This article is general legal information for the Philippines and is not legal advice. Whether specific property is co-owned, in what share, and whether any will or beneficiary designation is valid depends on facts and documents specific to your case. For advice about your specific situation, consult a Philippine lawyer or, if you qualify, the Public Attorney’s Office.
