Cohabiting is not co-owning

In our country, property rights are not decided by emotions, but by law. And the law is clear: ownership comes with authority. Without it, no one, not even common-law partners, can legally sell a property they don’t own.

A recent news item about the common-law wife of a high-profile personality currently abroad brought this into sharp focus. With the latter not expected to return anytime soon, his partner reportedly attempted to sell their shared home. But under Philippine law, “shared” is a legal status that must be proven.

Here’s what the New Civil Code says: Unless a property is co-owned — and there’s solid proof of that — only the person whose name is on the title has the right to dispose of it. Common-law relationships, no matter how long or how emotionally invested, do not grant automatic rights to property, unlike a legal marriage.

Let’s break it down:

1. Absolute Ownership: If the property is in the name of one partner only, that person has absolute ownership. The other has no legal say — no matter how many years they lived together or how close they are.

2. Co-ownership: If both contributed financially or materially to the acquisition of the property, and there’s proof of that (bank records, contracts, etc.), then it’s a case of co-ownership. But even then, one cannot sell the property without the other’s written consent.

3. Legal Characteristics: If there’s no formal marriage, the law treats each partner’s assets as separate. Sentimental arguments simply do not change that.

In this case, the common-law wife’s attempt to sell the home — whether out of frustration, loneliness, desperation, or any other motive — may be questionable. It raises critical questions regarding authority and consent. Emotional hardship, while real, is not a legal basis to override property rights.

Moreover, if the legal owner is currently away, that doesn’t give anyone the license to liquidate his assets. On the contrary, there is all the more need to ensure that due process is followed and the property is protected from premature or unauthorized transactions.

Let’s be clear: the law does not — and should not — bend for personal reasons. Property cannot be sold out of pity, spite, or sadness. This isn’t about love. It’s about the primacy of the law.

If anything, this situation is a wake-up call for couples in a similar situation. Cohabiting doesn’t mean co-owning. If partners want legal protection, they must formalize their relationship and clarify their property arrangement — in writing, through the courts, or through notarized contracts.

Without that, no amount of sentimental history or heartache can substitute for a title deed.

In the end, this case serves as a reminder: in matters of property, legality trumps loyalty. Only with proper authority, consent, and documentation can homes — and relationships — avoid becoming battlegrounds.