NATIONAL
Advocates Philippines
Supreme Court Recognizes Same-Sex Partners As Co-Owners Of Property
FILE
The Philippine Supreme Court has ruled that same-sex partners can be recognized as co-owners of property under Article 148 of the Family Code, provided there is sufficient proof that both contributed to the acquisition of the assets.
In a decision penned by Associate Justice Jhosep Y. Lopez, the Court’s Second Division approved a woman’s petition to divide property, officially recognizing her as a co-owner of a house and lot she shared with her same-sex partner.
“The signed Acknowledgment, where one partner admitted that the other paid nearly half of the property expenses, is considered valid and sufficient proof of actual contribution,” the Court noted, affirming her ownership rights.
How the Case Unfolded
The two women began their relationship and, a year later, purchased a house and lot together. To simplify bank transactions, only one partner’s name was registered on the property title.
When their relationship ended, they initially agreed to sell the property and split the proceeds equally. One partner signed an Acknowledgment confirming that the other contributed almost 50% of the purchase and construction costs.
However, the registered owner later refused to sell and denied the former partner’s claim as co-owner. To protect her rights, the former partner filed an adverse claim on the property title and later pursued a case for the division of the property and compensation for damages, using the signed Acknowledgment as evidence.
Legal Basis
The Supreme Court clarified that Article 148 of the Family Code governs the ownership of property between partners who cannot legally marry, including same-sex couples. Only assets acquired through actual contribution by both parties qualify for co-ownership.
By contrast, Article 147 applies to couples who can legally marry, where property acquired during cohabitation is presumed to be jointly owned.
Since Philippine law only allows marriage between a man and a woman, same-sex partners fall under Article 148. In this case, the Court ruled that the signed Acknowledgment was sufficient proof of actual contribution, thereby confirming the former partner’s status as a co-owner of the property.
In a decision penned by Associate Justice Jhosep Y. Lopez, the Court’s Second Division approved a woman’s petition to divide property, officially recognizing her as a co-owner of a house and lot she shared with her same-sex partner.
“The signed Acknowledgment, where one partner admitted that the other paid nearly half of the property expenses, is considered valid and sufficient proof of actual contribution,” the Court noted, affirming her ownership rights.
How the Case Unfolded
The two women began their relationship and, a year later, purchased a house and lot together. To simplify bank transactions, only one partner’s name was registered on the property title.
When their relationship ended, they initially agreed to sell the property and split the proceeds equally. One partner signed an Acknowledgment confirming that the other contributed almost 50% of the purchase and construction costs.
However, the registered owner later refused to sell and denied the former partner’s claim as co-owner. To protect her rights, the former partner filed an adverse claim on the property title and later pursued a case for the division of the property and compensation for damages, using the signed Acknowledgment as evidence.
Legal Basis
The Supreme Court clarified that Article 148 of the Family Code governs the ownership of property between partners who cannot legally marry, including same-sex couples. Only assets acquired through actual contribution by both parties qualify for co-ownership.
By contrast, Article 147 applies to couples who can legally marry, where property acquired during cohabitation is presumed to be jointly owned.
Since Philippine law only allows marriage between a man and a woman, same-sex partners fall under Article 148. In this case, the Court ruled that the signed Acknowledgment was sufficient proof of actual contribution, thereby confirming the former partner’s status as a co-owner of the property.
Feb 10, 2026
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