The Supreme Court of the Philippines has ruled that same-sex couples who live together may be recognised as co-owners of property acquired during their relationship — provided there is clear proof of each partner’s contribution.
The decision, which took effect on February 5, was penned by Associate Justice Jhosep Lopez and clarifies how property disputes between same-sex partners should be handled under existing law.
Because same-sex marriage is not legally recognised in the Philippines, the Court ruled that property relations between same-sex partners fall under Article 148 of the Family Code.
Article 148 vs Article 147
Under Philippine law:
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Article 147 presumes joint ownership for couples legally eligible to marry, even if they are not formally wed.
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Article 148, by contrast, applies to couples who are prohibited from marrying — including same-sex couples — and requires proof of actual financial or material contribution to property.
The ruling confirms that same-sex partners must present evidence demonstrating their share in acquiring or improving property in order to claim co-ownership.
The Case Behind the Ruling
The decision arose from a dispute between two women who purchased a house and lot in Quezon City during their relationship. The property was registered under one partner’s name.
After the couple separated, the other partner sought legal partition of the property. She presented a signed acknowledgment in which her former partner admitted she had contributed approximately 50% of the purchase and renovation costs.
Lower courts initially dismissed her claim.
However, the Supreme Court reversed those rulings, finding that the written acknowledgment constituted sufficient proof of contribution under Article 148.
The Court held that the petitioner is a legal co-owner entitled to a 50% share and may demand partition in accordance with the Civil Code.
A Significant Clarification
While the ruling does not legalise same-sex marriage, it provides important clarity on property rights for LGBTQ+ couples in the Philippines.
By affirming that same-sex partners can claim co-ownership when contributions are proven, the Court has strengthened legal protections for couples navigating separation and property disputes.
The decision underscores that, even in the absence of marriage equality, financial contributions within a relationship can carry legal weight.
