Paano ang hatian ng shared properties at investment kung naghiwalay ang magkasintahan o mag-asawa? Alamin ‘yan kasama ang ating #KapusoSaBatas, Atty. Gaby Concepcion!
Hosted by the country’s top anchors and hosts, 'Unang Hirit' is a weekday morning show that provides its viewers with a daily dose of news and practical feature stories. Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.
Hosted by the country’s top anchors and hosts, 'Unang Hirit' is a weekday morning show that provides its viewers with a daily dose of news and practical feature stories. Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.
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00:00Oh my, you're too much, 2025.
00:03It's just the beginning of the year but there's already a lot of separation.
00:07It's already painful for the hearts of the people.
00:10But it's even more painful for those who have been divided.
00:14What will happen to those who have been separated?
00:19Whether it's love or marriage.
00:21Well, ask me, ask Atty. Guerra.
00:30Atty. for couples who have been separated and have shared properties,
00:34like for example, a house,
00:37how should it be divided?
00:39Is there a law that guides this process?
00:42Oh my, that's really painful.
00:44If you don't have a love life, you might lose hard-earned money
00:48because you thought you have it forever,
00:51that's why you're fighting for the future.
00:53But if it's just a couple, unfortunately,
00:56there's no love-love that's known in those joint investments.
01:01Under the law, you're simply co-owners of something that's not shared,
01:06that more than one person owns.
01:09Whether it's lovers, friends, or business partners,
01:13the law on co-ownership rules.
01:15So if you're lovers who founded a house, for example,
01:20and it looks like it's really breaking up,
01:23it's best if the land and property are also divided.
01:26How should it be divided? 50-50?
01:29Well, it depends on how much the contribution is
01:32in buying and making it.
01:34So the share depends on the contribution.
01:37If it's 50-50, the division is the same.
01:40If it's 70-30, 80-20, the proportion will also be the same.
01:45How about the division of land and property?
01:47The house won't be divided into two.
01:50Well, if the physical division is not allowed,
01:53the proceeds can be sold and divided.
01:58You can also just buy out your ex
02:01for the value of his share.
02:02So if the house is 10 million,
02:04you can just pay him 5 million and then it's quits.
02:07Unfortunately, there's no contract or agreement
02:10for such talks because they think there's forever.
02:14And nobody talks about those things when things are okay.
02:18Yet, if what others say is not advisable,
02:21those friends who entered a business,
02:24as well as those lovers who found their way
02:27to a land and a house, for example,
02:30it's really hard.
02:31It might be a source of conflict
02:33or it's hard to talk about the division
02:35when it's already broken.
02:37It's really sad.
02:39Attorney, what if they're already married?
02:41Will the laws change?
02:44Well, actually, the talks will really change
02:46and not only if they're married,
02:48they might not get married,
02:49but if the lovers are already living together
02:52living together like husband and wife exclusively,
02:55the law will change.
02:58If they're already living together,
03:01living together exclusively as husband and wife,
03:04it's like they're already married.
03:06All the salary, all the earnings,
03:09will become their property.
03:11It's the same for all their property,
03:14just like land and house,
03:15it's 50-50.
03:17And if they're separated,
03:19the division is 50-50 down the line.
03:22What if one of them says,
03:23it's unfair because
03:25one of them didn't work,
03:27he's always at home.
03:28Well, sorry.
03:30Under Article 147 of the Family Code,
03:33the love and affection,
03:34care and maintenance of the household,
03:36that is considered a contribution.
03:39That's why even if there's no money to fund,
03:41the division is equal,
03:42including the salary in the bank.
03:45And it's the same for husband and wife.
03:47If you're married without a prenuptial agreement
03:50or marriage settlement,
03:51automatically you will be under
03:54the absolute community of property.
03:56It means all the property
03:59before, during and after the marriage
04:01will be owned by the husband and wife.
04:04Can the arrangement be different?
04:06Well, of course, you just need to make
04:08a contract before you get married.
04:11It can be a conjugal partnership of gains,
04:13but it's hard to explain.
04:14That's a different story.
04:16If you have questions,
04:17well, ask me.
04:18Ask Attorney Gabby again.
04:20But in the meantime,
04:21it's just easy for lovers
04:24if I'm the one you're asking.
04:25Don't go into those heavy investments
04:28if you're just lovers.
04:30It's hard to chase
04:32later on when things are not okay anymore.
04:35But we wish all those in a relationship
04:38good luck and all the best.
04:40In any case,
04:41let's talk about the law.
04:42Let's make it clear.
04:43For the peace of mind,
04:46don't think twice.
04:47Ask me.
04:48Ask Attorney Gabby.