babyjan wrote:Atty. I just wanna ask, how would the property of a man and woman that were acquired during their living together without the benefit of marriage be share? is it separate or equal? and for some instances like:
1. what if A bought land in the amount of 1,000,000 for B his (live in partner), are they have equal interest therein? If they bought the land for of both of them?
2. what if A and B living together, A acquired land for his own? does B have a right to that property?
3. what if A is married before to another woman C, A died during his live in with B, how is the property acquired by A and B be shared? does C also have the right to the property?
The answers depend on whether one or both of the parties have the capacity to contract marriage. If both parties have the capacity to marry (i.e. not already married to others or some other impediment), Art. 147 of the Family Code applies, and property acquired during the union is subject to co-ownership.
However if one or both of the parties cannot marry, i.e. where one or both partners are already parties to a marriage to someone not in the cohabitation relationship, Art. 148 applies. Ownership is in common in proportion to the actual contributions, unless there is no proof either way, in which case the law assumes equal contribution and ownership in common.
Remember also that if a party is validly married to someone else, then his or her share in the property accrues to his or her conjugal partnership if that is the regime in the marriage.
In the case of (1) if neither party is already married the property is co-owned. If however A is married to someone else, the property will accrue to A's conjugal partnership, and any purported gift to B is voided by Art. 87.
In the case of (2), if party is within the definition of Art 147, the land is co-owned. If Art 148, and A is already married to someone else, A owns the property and it would accrue to his conjugal partnership.
In the case of (3) the property acquired by A goes to his conjugal partnership and is distributed accordingly.