Dear PAO,

My common law wife for twenty years was previously married but never had her marriage annulled or nullified. She was blessed with a daughter in her previous marriage. During our time together, we worked really hard and acquired a house and lot, and two cars for our two children. Unfortunately, she succumbed to her illness last year and died without a last will and testament. Do I have a claim on the properties we acquired?

Dan

Dear Dan,

If the parties suffer legal impediment to marry, the property regime between two persons living together would be co-ownership‌‌ based only on their‌‌‌ actual‌‌ contribution of money, property, or industry. ‌‌The share‌‌ of‌‌ the‌‌ married‌‌ party‌‌ would‌‌ go‌‌ to‌‌ the‌‌ shared property regime of‌‌ her existing‌‌ valid‌‌ marriage. This is based on Article 148 of the Family Code of the Philippines which states that:

“Article 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.

“If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article.

“The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith.”

In relation to this, Article 147 of the Family Code of the Philippines provides the following:

“Article 147. xxx

“When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.”

In Go-Bangayan vs. Bangayan, Jr., (G.R. No. 201061, July 3, 2013, penned by Honorable Senior Associate Justice Antonio T. Carpio), the Supreme Court explained that “only properties acquired by them through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. The words ‘married to’ preceding the name of spouse are merely descriptive of the civil status of the registered owner. Such words do not prove co-ownership. Without proof of actual contribution from either or both spouses, there can be no co-ownership under Art. 148 of the Family Code.”

Therefore, there should be proof not only of joint property acquisition, but also of actual contribution before you can lay a claim on the properties that you and your common law wife purchased. This means that you have to show that you indeed put money, property, or industry to purchase the properties. If it is proven that you actually contributed, your share will be presumed to be half of the properties, in the absence of proof to the contrary.

We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]