Mere cohabitation

When a man and a woman co-habit without the benefit of marriage, perhaps because one of them is already married, are all properties acquired by them during their cohabitation owned in common? If not, what properties are owned in common? These are the questions answered in this case of Betty and Danny.

- JOSE C. SISON

Sometime in 1978, Betty and Danny met each other through a common friend. At that time Danny was already married, although not happily because his wife was a heavy gambler. Hence, that meeting with Betty blossomed into a romantic relationship, ultimately resulting in the birth of a son on Oct. 12, 1979.

Initially, Betty lived with her parents but in 1983, she left her parents and decided to co-habit with Danny in a property located in Project 4, Quezon City registered in the name of "Danny married to Betty" under TCT No. 30324. Later, Betty and their son transferred to another property also in Project 4, Quezon City registered in the name of "Danny, married to Betty" under TCT No. 335193. Finally, they again transferred and co-habited at Don Enrique Heights subdivision, QC, registered in the name of "Danny married to Betty" covered by TCT No. 90232. Danny practically co-habited with Betty and their son almost 24 hours, although he would go home to his legal wife in the wee hours of the morning.