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equal rights with a mistress in a common law marriage

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duds


Arresto Menor
Hi,

My bf and I started living together (in his mother's house) for more than 3 years now and we have a 4-year-old daughter who uses his surname. He then had an affair with another woman, who claims that they have been together for almost a year and got her pregnant, the child has already been born and is now turning 3 months old. Although my bf does not admit that the child is his, the other woman demands for his financial support for her child. My question is this,

1. do the other woman and I have equal rights when it comes to my bf/live-in partner?

2. We are still together. However the other woman keeps asking my bf for help when it comes to her maternity benefits and stuff like that, in short she expects and demands him to do what a normal "husband" will do for his wife. Is that even allowed by law? Can she do that?

3. My bf said that the other woman knew about us (me and our child) even before they have been together, though the other woman denies it. If this is true, what legal actions can I take against her? I don't like the fact that she keeps bothering my bf, wanting him to be there for them. Despite the fact that my bf is not acknowledging her child and that he have already chosen us.

Atty. please advise. I need your help.

Thanks!

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attyLLL


moderator
so he did not sign the birth certificate of the child?


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duds


Arresto Menor
Yes, he did not. I doubt my bf will sign the birth cert since he does not want to acknowledge the child. He is also claiming that the other woman was also with another man during their affair, though I'm not sure if this is true. I can't believe everything he says anymore. Thanks Atty!

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clanwolf


Arresto Menor
You are governed by Article 147 of the Family Code, thus:
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.

she has a claim only to your partner's share of your common property. so in a way, you have an advantage because you appear to have a claim to 1/2 of your common property.

my advise is only based on the bare facts you gave and may not apply if the presence of facts not stated.

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duds


Arresto Menor
But just in case we end our cohabitation, he will be proven to be the party in bad faith so our common property will go solely to our daughter. Am I right atty.?

Thanks so much for this info atty.!

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attyLLL


moderator
if you are not married, there is no concept of a partner in bad faith.

even if the child is not acknowledged, you cannot prevent the mother from trying to claim support. i suggest your partner replies in writing so that he has written record that he is denying to be the father.


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