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Since I am still married, any property that I buy is co-owned by my wife.
Common-law marriage (live-in relationships) in the Philippines | Philippine e-Legal Forum
This time, I want to buy for my live-in partner a property to be declared under her name. She is single and the immediate members of her family are all American citizens now. Can I execute an affidavit stating in effect that if she passes away ahead of me I have the authority to dispose the said property?
Thank you and more power. Donation is defined as an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it ArticleCivil Code of the Philippines.
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It is understood that it is a contract, the consideration of which is the liberality or generosity of the donor. In donation, there are persons who are not allowed to make donations to each other by reason of moral considerations. Included among the persons prohibited by law to make donation are those who are guilty of adultery or concubinage at the time of the donation.
Article of the Civil Code provides that: Your relationship with your live-in partner now is not legal.
In this situation, property acquired by both spouses through their work and industry shall be governed by the rules on equal co-ownership. Any property acquired during the union is presumed to have been obtained through their joint efforts.
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This is covered under Art. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions.
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In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit. If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage.
If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article. The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith. In other words, under Art. So, as previously stated in this Forum, put your first house in order first.