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1 question... on Tue Jan 29, 2013 12:48 pm

lewis_1306


Arresto Menor
For clariffication



Last edited by lewis_1306 on Thu Jan 31, 2013 7:59 am; edited 1 time in total

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2 Re: question... on Tue Jan 29, 2013 3:04 pm

Pedro Parkero


Reclusion Perpetua
lewis_1306 wrote:I am an American living in the Philippines.

After recovering from 2 failed marriages (both of which took a substantial financial toll) I decided that marriage wasn't for me.

I would much rather just have a girlfriend.

I believe that if two people are happy together and they enjoy each other's company and companionship then they don't need a title or legal paper to keep them together and if they are not happy together or they no longer enjoy each other's companionship then a title or legal paper shouldn't force them to stay together or punish them for going their separate ways.

I have recently moved to the Philippines and I am dating a really nice filipina. I own a condo here, I have a modest pension and I am also thinking of investing in a small business.

I am concidering living with my girlfriend. We have no children Together.


My girlfriend has no job, no savings and no income whatsoever. She lives with her family (her family is also poor). I help them whenever I can even though I am not required to do so.

I like her and her family. They are good and friendly people.

I have been dating her for almost a year and she wants to move in with me in my condo.

I am happy with her and she is a great girlfriend but I have made the decision never to marry again.

I was considering allowing her to move in with me (she spends most nights at my place anyway) until i read about the common law marriage laws in the Philippines.

I am happy with her as my Girlfriend and I think I would like to say "yes" to us living together but I am definitely not looking for a wife and I don't want to end up loosing out if things go wrong in the relationship sometime in the future.

according to the common law marriage law, if we move in together then she will be entitled to half of everything as though we were married. 1/2 my property and salary etc...

I like her as my girlfriend and I don't want to be single but i definitely don't want to be common law married or any other kind of married and I don't want to place myself at risk to forfeit 1/2 of my property in the Philippines in the event that we break up and decide to date other people somewhere down the line.

Is there any way for me to protect myself against "common Law marriage" laws in the Philippines? Is there any way I can live with my girlfriend without putting 1/2 of my money and property at risk?

Breakups happen every day in every country. The best and most well indentioned people all over the world have relationships that don't work out for whatever reason. I am just asking for an advice on how to protect myself in the unfortunate instance that I break up. Ideally, I would like to NOT have to flee the country or give up 1/2 of my assets just because of a breakup with a girlfriend.

That would defeat the whole purpose of not just getting married in the first place. It defeats the whole purpose of having a long term girlfriend as opposed to a wife.

My question is basically: is there any way to have a live-in girlfriend and protect my assets at the same time without having to flee the country? Is there a way I can have her sign some kind of legal document stating that we are not entering into - or do not intend to enter into - a "common law marriage situation" or something like that?

Do I have to sign a document or consent to enter into a common law marriage or is it automatic when two people live together in a romantic relationship?

also, If I own the property before she moves in does it count as shared property in a common law marriage situation or do i still retain 100% ownership even if we break up as long as I owned it before we got together?

do you mean to say that if u die, u want to bring with u all ur wealth to ur grave? Shocked

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3 Re: question... on Tue Jan 29, 2013 3:16 pm

attyLLL


moderator
hey lewis, what will be commonly owned will be anything you acquire during the time you are living together and will exclude items that you acquired previously.

Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.
In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former's efforts consisted in the care and maintenance of the family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and 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 of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.


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4 Re: question... on Tue Jan 29, 2013 4:28 pm

lewis_1306


Arresto Menor
I am not talking about when I die.

If she could possibly sue him... What steps could the man in this situation take prior to the woman moving in that would make it easier for the man to protect or sheild his property, assets and income in case there is a breakup in the future?



Last edited by lewis_1306 on Thu Jan 31, 2013 8:01 am; edited 1 time in total

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5 Re: question... on Tue Jan 29, 2013 4:56 pm

Pedro Parkero


Reclusion Perpetua
u are not talking about entering into a common law marriage. u sounds like u are hiring an inhouse maid hu can perform extra service they called s3x.


our filipinas are not like that. we are the best lovers in the world. i mean LOVE. its sad, u are concerned more about ur properties...

a filipina wife (even if a common law wife) should be loved, not compensated.

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6 Re: question... on Tue Jan 29, 2013 7:00 pm

lewis_1306


Arresto Menor
Pedro Parkero wrote:u are not talking about entering into a common law marriage. u sounds like u are hiring an inhouse maid hu can perform extra service they called s3x.


our filipinas are not like that. we are the best lovers in the world. i mean LOVE. its sad, u are concerned more about ur properties...

a filipina wife (even if a common law wife) should be loved, not compensated.

I think that this comment is unfair...



Last edited by lewis_1306 on Thu Jan 31, 2013 8:02 am; edited 1 time in total

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7 Re: question... on Wed Jan 30, 2013 12:26 pm

lewis_1306


Arresto Menor
Just to clarify:

I do NOT want to enter into a common law marriage,

I want to know if I can allow my girlfriend to move in to my home WITHOUT being subject to common law marriage property division clauses.

My girlfriend asked if she could move in with me (since she spends most of her time at my place anyway) And I told her that I would think about it. I want to say "yes" If I can move her in to my home without putting my property, savings and assets at risk then I will say "yes" and if I can't do it then I will just not allow her to move in.



Last edited by lewis_1306 on Thu Jan 31, 2013 8:02 am; edited 1 time in total

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8 Re: question... on Wed Jan 30, 2013 1:06 pm

lewis_1306


Arresto Menor
attyLLL wrote:hey lewis, what will be commonly owned will be anything you acquire during the time you are living together and will exclude items that you acquired previously.

Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.
In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former's efforts consisted in the care and maintenance of the family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and 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 of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.


I understand this...



Last edited by lewis_1306 on Thu Jan 31, 2013 8:03 am; edited 1 time in total

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9 Re: question... on Wed Jan 30, 2013 1:27 pm

Pedro Parkero


Reclusion Perpetua
lewis_1306 wrote:
attyLLL wrote:hey lewis, what will be commonly owned will be anything you acquire during the time you are living together and will exclude items that you acquired previously.

Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.
In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former's efforts consisted in the care and maintenance of the family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and 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 of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.


I understand this...

So, legally speaking: what constitutes "living together as husband and wife"?

If and I allow her to stay with me in my home and we are a couple then is that considered "living together as husband and wife" for legal purposes?

what if she stays with me often (almost every day and night) and has some clothes there but still goes back to her family's home sometimes and all of her mail goes to her family's address?


If she stays with me at my home most of the time then how would I be able to document that she doesn't "officially" live with me.

If all of the bills for my home (electric, water,utilities, etc...) are in my name and none of the bills are in her name and if all of her mail goes to her family's address can I use that as proof that we were not common law married even if she stays in my home most of the time?

would that fact that she is not on an official lease count as proof that she does not officially live with me even though she stays there often and spends most nights there?

Is there any other proof or any other documents that I could consider that would allow me to prove that we were not in a common law marriage situation even though I allowed her to stay with me at my place most of the time in case we broke up sometime in the future?


gustong gawing legal ng lokong amerikano na ito ang white slavery a.
at napakawais ng isang to, papakain ng medyo masarap na pagkain yung babae, papatulugin sa kwarto na ircon, titirahin ng 3x sa isang gabi, minsan 4x, minsan unlmtd... papahugasin ng plato, tagapakain ng aso, tagamasahe... ayos. libre na sa itinakdang sweldo ng kasambahay law. lusot niya kasi, tawag niyA a maid niya, LOVE...

WAIS NO?


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10 Re: question... on Wed Jan 30, 2013 1:51 pm

Orchids9


Arresto Menor
I honestly feel sorry for your gf because it sounds like you don't trust her. If you're so worried About your property and everything you have then don't let her move in with you better yet break up with her already, cos if you really love her you wouldn't even think about asking all of this here. It's not always about the money and not all the girls are the same. I understand that you've been with a bad marriage before like somebody else have but that doesn't mean you can't trust another girl again when it comes to you're property and everything. After all you can't bring all of that on your final destination. #im just sayin' Wink

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11 Re: question... on Wed Jan 30, 2013 3:30 pm

lewis_1306


Arresto Menor
[/quote]

gustong gawing legal ng lokong amerikano na ito ang white slavery a.
at napakawais ng isang to, papakain ng medyo masarap na pagkain yung babae, papatulugin sa kwarto na ircon, titirahin ng 3x sa isang gabi, minsan 4x, minsan unlmtd... papahugasin ng plato, tagapakain ng aso, tagamasahe... ayos. libre na sa itinakdang sweldo ng kasambahay law. lusot niya kasi, tawag niyA a maid niya, LOVE...

WAIS NO?


[/quote]


...
Sorry, I appreciate your response but I don't understand this comment at all because I don't speak or understand Tagalog at all.

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12 Re: question... on Wed Jan 30, 2013 3:58 pm

lewis_1306


Arresto Menor
Orchids9 wrote:I honestly feel sorry for your gf because it sounds like you don't trust her. If you're so worried About your property and everything you have then don't let her move in with you better yet break up with her already, cos if you really love her you wouldn't even think about asking all of this here. It's not always about the money and not all the girls are the same. I understand that you've been with a bad marriage before like somebody else have but that doesn't mean you can't trust another girl again when it comes to you're property and everything. After all you can't bring all of that on your final destination. #im just sayin' Wink

Orchids 9...

I appreciate you taking your time to reply to my question despite the fact that your comments are not law oriented, solution oriented, or helpful to me in any way shape or form.

I am definitely NOT looking for relationship advice. after all this is the "Pinoy Lawyer" website not the "Pinoy clergy" "pinoy romance" or "Pinoy love advice" website.

I am looking for Legal advice on Philippines law matters not moral counselling or love and relationship advice.


I'm trying to make an informed decision based on the laws of the Philippines.

again, this is a LEGAL question not a relationship or moral question.
I hope that I will receive more legal and solution oriented replies than moral or love coach oriented ones.

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13 Re: question... on Thu Jan 31, 2013 5:25 pm

attyLLL


moderator
the short answer, lewis, is there is no way to do it, because the law mandates otherwise. the purpose of the law is to protect the common law spouse who is not earning.

the possible solution, ironically, is marriage. prior to the wedding you can have a prenuptial agreement that you will have complete separation of property.


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[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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14 Re: question... on Fri Feb 01, 2013 5:30 pm

lewis_1306


Arresto Menor
attyLLL wrote:the short answer, lewis, is there is no way to do it, because the law mandates otherwise. the purpose of the law is to protect the common law spouse who is not earning.

the possible solution, ironically, is marriage. prior to the wedding you can have a prenuptial agreement that you will have complete separation of property.

I understand this,

I appreciate your answer here.

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15 Re: question... Today at 10:12 pm

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