Equal sharing

Dear Atty. Peachy,

My partner and I had been together for over a decade, during which we have purchased a house and lot together. The property had been a labor of love for both of us, with each of us putting in sweat equity to renovate and upkeep. However, as our once-solid relationship reached a breaking point last year, we made the difficult decision to part ways. Now, the once-beloved property has become a battleground for conflicting claims. My partner argues that he had contributed more to the mortgage payments and upkeep of the house and lot, therefore, he should be entitled to a larger share. I, on the other hand, believe that since we had both signed the mortgage agreement and had been equally involved in its maintenance, we should split the property equally. How would the courts decide on the distribution of property rights between us in this situation?

Pam

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Dear Pam,

The Family Code of the Philippines contains key provisions (Articles 147 and 148) that offer guidance on this issue. Article 147 pertains to couples who are eligible to marry but live together as if married without the formalities. On the other hand, Article 148 applies to couples who have legal obstacles to marriage, such as being in adulterous relationships or having void marriages under Article 38.

Article 147 establishes that when unmarried couples live together exclusively and obtain property, it is assumed to be owned equally unless proven otherwise. The contribution of one partner in caring for the family and household is considered a joint effort in acquiring the property. In contrast, Article 148 requires concrete proof of “actual joint contribution” by both partners for the property to be co-owned in proportion to their contributions. The presumption of equal sharing only arises when no clear evidence of proportionate contributions exists, subject to the initial proof of joint effort. For co-ownership to be established under Article 148, both partners must show actual joint contributions. Otherwise, equal sharing is not presumed.

If you and your partner decide to take your dispute over the property shares in court, the court will make a decision based on these legal principles. This decision will hinge on whether your living situation aligns with Article 147 or Article 148 of the Family Code.

Atty. Peachy Selda-Gregorio