Love wins? Same-Sex Couples Can Co-Own Property

Photo by Kryss Rubio from the Metro Manila Pride March 2018

In this day and age, LGBTQIA+ (Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual/Aromantic/Agender, and more) community has achieved significant legal advancements to the extent that same-sex marriage is, as of this writing, legal and performed in thirty-eight (38) countries.

In the Philippines, the same-sex marriages remain void under our law. We are still limited to the compliance with essential requisites and formal requisites under the Family Code – one of the essential requisites being that legal capacity of the contracting parties, who must be a male and a female.

However, on 05 February 2025, the Supreme Court promulgated a Decision (G.R. No. 267469) resolving the property rights of a same-sex couple. In this case, A and B, a same-sex couple, lived together and bought a house and lot (“Subject Property”) but registered the title solely in B’s name for easier bank transactions. After their separation, B executed a document acknowledging that A financed and paid half of the acquisition and renovation expenses of the Subject Property. However, later, B refused to recognize A’s share, prompting A to seek partition of the Subject Property and lot and annotate an adverse claim on the title of the Subject Property.

In the Decision, the Supreme Court resolved the issue of whether co-ownership was sufficiently proven and in resolving the issue, the Supreme Court held that for same-sex cohabitants, property relations are governed by Article 148 of the Family Code which provides that co-ownership arises only upon proof of actual joint contribution and that the execution of a written acknowledgment recognizing the other’s contribution and share is binding and any ambiguity is construed against the party who authored it. Eventually, the Supreme Court found existence of co-ownership of the Subject Property between A and B and allowed the partition of the Subject Property.

Now the question, what is the effect of this 2025 case to the property rights same-sex couples, if any? Although, the LGBTQIA+ consider this a massive step forward for the property rights of LGBTQIA+ individuals and couples, in truth, there is no monumental change regarding the property rights of LGBTQIA+ individuals and couples. If any, the Decision merely emphasizes that same-sex couples who live together still do not enjoy the presumption of joint property ownership under Article 147 granted to couples who are capacitated to marry and remain bound by Article 148 wherein proof of actual contribution is required to establish co-ownership.

Albeit far from equal (legal) treatment provided to heterosexual couples who are capacitated to marry each other, the 2025 Decision is still an advancement for the LGBTQIA+ community, considering that it is a recognition of the existence of same-sex relationships and a clear rule on the property relations of same-sex cohabitants.

Author: Atty. Charlotte Francis Marie O. Ambas