Persons and Family

What is the property regime of unions without marriage?

Category: Persons and Family Relations
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Article 147

Article 147

Applicability
1. No legal impediment to marry;

2. Void marriage on the ground of psychological incapacity.		 Presence of legal impediment:

1. Adulterous relationships

2. Bigamous/polygamous marriages

3. Incestuous void marriages under Art 37

4. Void marriages by reason of public policy (Art. 38)

Salaries & wages
Owned in equal shares

Separately owned by the parties. If any is married, his/her

salary pertains to the CPG of the legitimate marriage.

Property exclusively acquired
Belongs to party upon proof of acquisition through exclusive funds Belongs to such party

Property acquired by both through their work or industry
Governed by rules of co-ownership Owned in common in proportion to their respective contributions

Presumption

Property acquired while living together presumed obtained by their

joint efforts, work or industry and owned by them in equal shares.

If one party did not participate in acquisition: presumed to have

contributed through care and maintenance of family and household.

No presumption of joint acquisition. Actual joint contribution of money,

property or industry shall be owned by them in common proportion.

However, their contributions are presumed equal, in the absence if proof to the

contrary

Forfeiture
When only one is in GF, share of party in BF in the co-ownership be

forfeited in favor of:

1. their common children

2. innocent party in default of / waiver by any/all

common children, or by their descendants

If one of the parties is validly married to another, his/her share

in the co-ownership shall accrue to the ACP or CPG existing in the marriage.

If the party who acted in BF is not validly married to another or if both parties

are in BF, such share be forfeited in manner provided in last par of Art. 147

Proof of actual contribution
Not necessary Necessary
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