Co-ownership

Dear Atty. Angela,

I am a lesbian and had a partner for 12 years before we separated. During our relationship, we agreed to purchase a condo unit where we will share 50/50 the price cost and all the expenses for it. But since she had a stable job, the condo title was placed under her name. Upon breakup, we signed an acknowledgement where we agreed to sell the condo and get equal shares from the proceeds. When I asked her to sell, she refused and claimed that it is all hers being under her name. Do I have a legal right despite my name not appearing in the title?

Jona

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Dear Jona,

The Supreme Court (SC) has ruled that same-sex couples who live together may be recognized as co-owners of property under Article 148 of the Family Code, provided there is proof of actual contribution.

Article 147 applies to unmarried couples who may legally marry. Property acquired during their cohabitation is presumed jointly owned. Article 148 applies to couples who are not permitted to marry. Only properties obtained through actual contribution are considered common property.

Since the Family Code only allows marriage between a man and a woman, the SC held that same-sex couples necessarily fall under Article 148.

In the case of Josef v. Ursua, G.R. No. 267469 (2025), the SC found that the signed Acknowledgement, where one partner admitted that the other paid about half of the property costs, was a binding admission and sufficient proof of actual contribution. This established co-ownership.

It was likewise explained that Article 148 does not distinguish based on gender and applies to all forms of cohabitation. He emphasized that a same-sex relationship is a normal relationship which must be covered by Article 148. “Otherwise, we render legally invisible some forms of legitimate intimate relationships.”

In view of this recent clarification made by the SC, you are legally entitled to one-half of the condo unit’s ownership. It cannot be denied that there were binding admissions made in the acknowledgement you and your ex-partner executed, to support your claim.

Atty. Angela Antonio