The Short Answer
It depends on whether you were both free to marry each other. If you were, Article 147 of the Family Code applies: your wages are owned in equal shares, and property bought while living together is presumed owned equally, even if only one name is on the title and even if one partner took care of the home instead of earning. If one of you was still married to someone else, Article 148 applies: you own only what you can prove you actually contributed to. Either way, a live-in partner is not an heir when the other dies without a will.
Example: Rhea and Jun of Consolacion, Cebu
Names and details in this example are made up.
Rhea Villanueva and Jun Bautista, both single, have lived together in Mandaue City since 2016. They have a son, Kyle. Jun drives a taxi; Rhea worked at a call center until Kyle was born, then stayed home. In 2019 they bought a ₱900,000 lot in Consolacion, Cebu, paying from Jun's earnings and Rhea's savings. The title came out in the name of "Jun Bautista, single" only.
Who owns the lot? Rhea and Jun had no impediment to marry each other (nothing in the law stopped them from marrying), so Article 147 applies. The lot was bought while they lived together, so it is presumed acquired by their joint efforts and owned in equal shares: about ₱450,000 each, at the price they paid. Rhea's years caring for Kyle and the household count as a contribution. The title in Jun's name alone does not change this.
Can Jun sell it alone? No. While they live together, neither can sell or give away their share in property acquired during the relationship without the other's consent (Art. 147). A buyer who sees "single" on the title may not know about Rhea, which is why such sales lead to court cases.
What if Jun dies without a will? Rhea keeps her own half. That half was always hers. But she inherits nothing from Jun's half, because a live-in partner is not an heir. Jun's half goes to his heirs. If Jun acknowledged Kyle and has no other children, Kyle is an heir; if Jun's parents are still alive, they share with Kyle. Rhea, as Kyle's mother, would manage Kyle's share while he is a minor, within the limits the law sets.
What if Jun had still been married to someone else? Say Jun married Liza in 2008, they separated, and the marriage was never annulled. Article 148 applies instead. Rhea owns only what she can prove she put in. If her bank records show she paid ₱300,000 of the ₱900,000, she owns a one-third share. Her years at home do not count as a contribution under this article. Jun's two-thirds share belongs to his marriage with Liza, not to him alone.
Article 147: Both Free to Marry Each Other
Article 147 of the Family Code covers a man and a woman who are capacitated to marry each other (legally free to marry) and live together as husband and wife without a marriage, or under a marriage that is void. The rules:
- Wages and salaries of each are owned in equal shares.
- Property acquired by work or industry while living together is co-owned.
- Equal shares are presumed. Without proof to the contrary, property acquired while they lived together is presumed obtained by their joint efforts and owned equally.
- Homemaking counts. A partner who did not earn but cared for the family and the household is deemed to have contributed.
- No selling alone. Neither can sell or encumber (mortgage) their share in the jointly acquired property without the other's consent until the cohabitation (living together) ends.
Property each partner owned before living together, or inherited, stays theirs alone.
Article 148: One of You Was Not Free to Marry
Article 148 covers couples who could not marry each other, most often because one of them is still married to someone else. The rules are stricter:
- Only property acquired through their actual joint contribution of money, property or industry is co-owned, in proportion to what each contributed.
- Contributions are presumed equal only if there is no proof of how much each gave.
- The share of a partner who is married to someone else belongs to the property of that existing marriage.
- Wages, and property bought with one partner's money alone, are not shared.
So keep proof: bank transfers, receipts, loan records, deposit slips. Under Article 148, what you cannot prove you paid, you may not get.
When the Title Is in One Name
The title shows who is registered as owner. It is strong evidence, but it is not the end of the story between the partners. A partner whose name is not on the title can still prove co-ownership under Article 147 or 148, usually in a court case for partition (dividing the property). Buyers and banks, though, rely on the title. If the registered partner sells to a buyer in good faith, getting the property back can be hard.
To avoid this, many couples put both names on the Deed of Sale and the title when they buy. Another way is a written, notarized acknowledgment by the registered partner that the property is co-owned. See the Deed of Absolute Sale template.
No Inheritance Without a Will
When a live-in partner dies without a will, the other partner is not among the heirs the Civil Code lists. The surviving partner keeps their own share of what they owned together, but the deceased's share goes to the deceased's children, parents or other relatives. See who inherits without a will.
A will can leave something to a partner, but there are limits. The deceased's children and other compulsory heirs (heirs the law protects) keep their reserved shares (legitimes). And the Civil Code makes donations, and gifts in a will, void between persons who were guilty of adultery or concubinage (crimes of marital infidelity) at the time. The Family Code also bars donations between partners living together as husband and wife without a valid marriage, except moderate gifts on family occasions. See making a will in the Philippines.
Children of a live-in couple do inherit from each parent, once their filiation (who their parent is, in law) is established. See using the father's surname.
Common Questions
Pangalan lang Niya ang Nasa Titulo. May Karapatan ba Ako?
Possibly. If you were both free to marry each other, property bought while you lived together is presumed owned equally, whoever is named on the title (Family Code, Art. 147). If one of you was married to someone else, you must prove what you actually paid (Art. 148). Proving it against a title usually means a court case.
Hindi Ako Nagtrabaho, Nag-alaga lang Ako ng Bahay at mga Anak. May Share ba Ako?
Under Article 147, yes. Caring for the family and the household counts as a contribution. Under Article 148, where one partner was married to someone else, only actual contributions of money, property or industry count.
Namatay ang Partner Ko. Mamanahin Ko ba ang Bahay?
Not without a will. A live-in partner is not an heir. You keep your own share of property you owned together, but the deceased's share goes to their heirs, such as their children and parents.
We Broke Up. How Do We Divide What We Bought?
Under Article 147, jointly acquired property is generally split equally unless one partner proves otherwise. Under Article 148, it is split according to what each proves they contributed. You can agree on the division in a written, notarized agreement. If you cannot agree, the way forward is a court case for partition, usually after barangay conciliation if you live in the same city or municipality.
Can My Partner Give Me the Lot as a Gift So It Is in My Name?
Generally no. The Family Code bars donations between persons living together as husband and wife without a valid marriage, except moderate gifts on family occasions. A sale between partners may also be questioned. Putting both names on the title when buying is the safer route.
Not legal advice. This is general information. For advice on your own situation, consult a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) or an IBP legal aid office may help for free.
Government fees, rules and requirements change, so always check with the office concerned before you go. This page explains the general rules; it cannot tell you how they apply to your own family or case. Last reviewed October 8, 2026.