Title IV — Property Relations Between Husband and Wife
Article 148
ELI5— what this means for you
If the man and woman living together cannot marry each other (because one or both are still married to someone else, or there is another legal impediment), only the property actually contributed by each — through their work, wages, or funds — is co-owned. Any property registered in one name is presumed that person's alone unless the other can prove contribution.
Key point
Art. 148 applies to relationships with legal impediments (e.g., live-in couple where one is married). Contribution must be proven; no automatic 50-50.
Official text — EO 209
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 both faith. (144a)
TITLE V
THE FAMILY
Chapter 1. The Family as an Institution
Source: lawphil.net (EO 209 as amended)
Related
RELATED RIGHTS
Family Law
Permanent Validity of PSA Birth, Death, and Marriage Certificates Philippines 2022 — BatasKo ELI5
Family Law
Muslim and Indigenous Marriages Philippines — BatasKo ELI5
Family Law
Muslim Divorce Philippines — BatasKo ELI5
Family Law
Muslim and Non-Christian Marriage Law Philippines — BatasKo ELI5
Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.