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Rights and obligations when living together (cohabiting)

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wavrien


Arresto Menor
Hi,

I read this with interest:

http://www.pinoylawyer.org/t766-common-law-marriage

I wondered if there is a minimum period of time that you need to be cohabiting for it to be considered a common-law marriage?

I'm an ex-pat, I have lived with my Filipina partner for about one year, she is separated from her husband. I came out here with personal funds about this time last year, since when I have been the main source of income for her and her three children (though she has worked also for some of that time), I have paid the rent on the house where we live, I bought of the furniture for the house even before I arrived in the country and I also bought a car here.

We are in the process of separating as a result of some irreconcilable differences, and my partner wanted me to move out, leave her with the house and all contents, and continue paying the full rent until the lease expires (which is in June 2016), though she very graciously said that I could keep my car!

I am eager to treat the family fairly, I have no intention of seeing the kids suffer - I have treated them as my own for the last year that I have been in the Philippines, their real father is a waste-of-space who contributes practically nothing to their upkeep and education; but I would like to know what my rights and obligations are under law.

Thanks in advance.

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There is no common-law marriage in the Philippines

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Lunkan


Reclusion Perpetua
wavrien wrote:
I'm an ex-pat, I have lived with my Filipina partner for about one year, she is separated from her husband.
Look up!
Philippine law see it as a rather serious crime to live with a separated Filipina - when someone bother to make it a court case.
(It's a crime by her too.)
I BELIEVE it's even jail among possible punishments, and deportation of foreigners.

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marlo


Reclusion Perpetua
Your partner has no spousal rights to seek financial support from you or for her kids at all. And you don't need to give her a single dime even.

If you are alone paying for the house and car, and you can prove that, then it is solely yours to keep.

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marlo wrote:Your partner has no spousal rights to seek financial support from you or for her kids at all. And you don't need to give her a single dime even.

If you are alone paying for the house and car, and you can prove that, then it is solely yours to keep.

He is a foreigner and they are prohibited to own real property. Art 148 can apply to their marriages because they are living together under a void marriage and therefore actual contribution will govern the division of property

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marlo


Reclusion Perpetua

[quote] I have paid the rent on the house where we live, I bought of the furniture for the house even before I arrived in the country and I also bought a car here. [/quote}

No mention of any actual JOINT effort of contribution. There is no presumption that both paid for house rental and car. So I think he may keep the rented house (it is not mortgaged) and the car as he paid for them using his money alone.

Anyway, what I would do is forget about her house rental fees, keep the car then find another house for rent and move on. Smile GL

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Lunkan


Reclusion Perpetua
marlo wrote:
I have paid the rent on the house where we live, I bought of the furniture for the house even before I arrived in the country and I also bought a car here.]ntion of any actual JOINT effort of contribution. There is no presumption that both paid for house rental and car. So I think he may keep the rented house (it is not mortgaged) and the car as he paid for them using his money alone.

Anyway, what I would do is forget about her house rental fees, keep the car then find another house for rent and move on. Smile  GL
Yes, AND the furniture and such  Smile

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