Property Rights of Live-In Partners: Articles 147 vs 148
Direct answer: Property rights of unmarried partners depend heavily on whether Article 147 or Article 148 applies. Article 147 generally covers partners capacitated to marry each other who live exclusively as spouses without marriage or under a void marriage; it recognizes a broader co-ownership and treats household care as contribution. Article 148 generally governs relationships with a legal impediment and limits co-ownership to property acquired through proven actual joint contribution.
This guide explains the classification and decision points under the Philippine Family Code. It is general legal information; property disputes depend on documents, dates, financing and the applicable marital regime.
Decision snapshot
| Point | What it means |
|---|---|
| Article 147 threshold | Both partners must be capacitated to marry each other and live exclusively as spouses. |
| Article 147 contribution | Wages and salaries are owned equally, and property acquired through work or industry is co-owned; household care counts as contribution. |
| Article 148 threshold | Applies to other cohabitation cases, commonly where a legal impediment exists. |
| Article 148 contribution | Only property acquired through actual joint contribution of money, property or industry is co-owned, generally in proportion to contribution. |
| Disposition | A partner cannot freely dispose of an undivided share during cohabitation under the statutory restrictions. |
Why the property regime comes first
Philippine law does not use one ownership rule for every marriage or relationship. The result can change depending on whether absolute community, conjugal partnership of gains, complete separation of property, Article 147 co-ownership or Article 148 co-ownership applies. Begin with the Property Relations Between Spouses guide, then use the Marital Property Classification Worksheet to organize the facts.
Important legal limit
Calling someone a ‘common-law spouse’ does not decide the applicable article. Civil status, capacity to marry, exclusivity and proof of contribution must be established.
Evidence to collect
- CENOMAR and marriage records
- Proof of common residence
- Bank transfers and payment records
- Deeds and titles
- Evidence of household and caregiving work for Article 147
- Business and income records
What to do next
- Step 1: Confirm each partner’s civil status during the relationship.
- Step 2: Determine whether Article 147 or 148 applies.
- Step 3: Inventory property acquired during cohabitation.
- Step 4: Trace each contribution.
- Step 5: Protect records before negotiating partition or settlement.
If a sale, mortgage, creditor claim, inheritance, annulment or partition is already disputed, preserve the documents before signing a waiver or settlement. For division after a court case, see how property is divided after annulment or a void marriage. For the broader pooled-property regime, see Absolute Community of Property. For the step-by-step process of negotiating, conciliating or litigating a split when the relationship itself ends, see what happens to jointly-purchased property when a live-in relationship ends. If a partner has died rather than the relationship simply ending, inheritance rules are different from these property rules — see whether a surviving common-law partner has inheritance or property rights.
Frequently asked questions
Do live-in partners automatically split everything 50–50?
No. Article 147 can create equal presumptions in qualifying cases; Article 148 usually requires proof and proportionate sharing.
Does housework count as contribution?
Article 147 expressly recognizes care and maintenance of the family and household. Article 148 is narrower.
Can property be registered in one name but co-owned?
Yes, depending on the applicable article and proof of acquisition and contribution.
Primary authority
See the Family Code of the Philippines (Executive Order No. 209), especially the provisions on marriage settlements, absolute community, conjugal partnership, separation of property, unions without marriage, and parental/family obligations as applicable. Read the controlling provisions together; a single article may not resolve a mixed acquisition, financing or registration history.
Last legally reviewed: September 17, 2026. General legal information only.
