CHAPTER 7: PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE

Art. 147.
When a man & a woman Requisites of Applicability: *married man +
- Who are capacitated to marry each 1. Both parties are capacitated to unmarried woman =
other marry each other not applied
- Live exclusively with each other 2. No marriage/marriage is void
o As husband & wife *with legal impediment? = only entitled to
o Without the benefit of properties earned through actual joint
marriage contribution or MPE in common
o /under a void marriage proportion to respective contributions
- Their wages & salaries shall >rules of co-
o Be owned by them ownership =
o In equal shares proportionate to their
- & the property acquired by both of Shares of the Parties efforts in the
them 1. Wages & salaries work/industry
o Through their work/industry - Owned in EQUAL SHARES
2. Property acquired + rules of co-
- Shall be governed by rules in co-
ownership
ownership
*donated & inherited/purchased
properties with donations/inheritance
are not covered
In the absence of proof to the contrary, Presumption: Joint = Equal shares in *separate bank
PROPERTIES ACQUIRED while they lived property accounts = interest
together shall be - *no fruits of separate/exclusive not co-owned
- presumed to have been obtained by properties
their joint [EFI]
- owned by them in equal shares Bigamous marriage?
For purposes of this Article, Presumption: Joint & Equal = Care & = married spouses
A party who did not participate in the maintenance co-ownership share
acquisition by the other party of any is owned by the
property ACP/CP for 1st
- shall be deemed to have spouse
contributed jointly In the acquisition =2nd spouse has half-
- [condition]: if the formers efforts share of married
consisted in spouses share in the
The care & maintenance of the ACP/CP
family & household
Art. 147 is applicable
Neither party can encumber/dispose to Art. 36 marriages
- by acts inter vivos
- of his/her share in the property
acquired during cohabitation
& owned in common
- Without the consent of the other
- Until after the termination of their
cohabitation

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 or waiver)
each vacant share shall belong
to the respective surviving
descendants
(in absence) such share shall
belong to the innocent party
 In all cases, the forfeiture shall take place
upon TERMINATION of the cohabitation

ART. 148.
IN CASES OF COHABITATION not - ONLY the PROPERTIES Example:
falling under the preceding Article acquired by both of the parties Parties are brother and
sister, w/n marriage was
o Through their actual
celebrated
joint contribution of MPI
- Shall be owned by them
o In common in proportion
to -> their respective
contributions
>In the absence of proof to the contrary, their
Contributions
& corresponding shares
= are presumed to be EQUAL.
*also apply to joint
Deposits of money
& evidences of credit.
Example: Marriage is
If one of the parties is VALIDLY married His/her share in the co-ownership bigamous
to ANOTHER, - Shall ACCRUE to -> the AC/CP
existing in such valid marriage
If the party who acted in BAD FAITH is His/her share shall be FORFEITED
NOT VALIDLY married to another - In the manner provided in the
last par. Of the preceding article.
If BOTH parties are in BAD FAITH Foregoing rules on FORFEITURE shall
apply