Property Regime of Unions Without Marriage Flashcards
What type of unions or relationships shall the provisions on Property Regime of Unions Without Marriage apply to?
(1) 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;
(2) When only one of the parties to a void marriage is in good faith.
(3) Cohabitation that are not man and woman who do not have impediment, or that are not under a void marriage.
What is the general rule for property regimes of unions without marriage?
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 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 and industry shall be governed by the rules on co-ownership.
What are the requisites for the applicability of Art. 147 of the Family Code?
(1) Man and woman;
(2) Both are capacitated to marry each other;
(3) They live exclusively as husband and wife;
(4) Without benefit of marriage or under a void marriage.
See Art. 147 par 1 FC
What are the effects if the provisions of Art 147 are applicable to union without marriage?
(1) Their wages and salaries shall be owned by them in equal shares; and
(2) the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership
What are the void marriages under Art 147?
The void marriages under Art 147 are those enumerated in Art 35 FC:
(1) those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without a license, except those covered by the preceding Chapter;
(4) Those bigamous or polygamous marriages not falling under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.
What is the presumption for unions under Art 147?
Art 147 par 2: 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 been contributed jointly in the acquisition thereof if the former’s efforts consisted in the care and maintenance of the family and of the household.
Can a partner to a union be deemed to have contributed jointly even though he or she may not have actually contributed an effort in obtaining the property through work or industry?
Yes, under Art 147 par 2: 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.
Can parties in a union without marriage under whose property relations are governed by Art 147 encumber or dispose of his or her share in the property acquired during cohabitation and owned in common?
Yes, but only in so far that it is not inter vivos.
If an inter vivos encumbrance or disposition is made, it must be with the consent of the other party, or after the termination of their cohabitation.
