ABING V. WAEYAN (Coownership)

497 SCRA 202
July 31, 2006

Facts: In 1986, petitioner and respondent cohabited as husband and wife without the benefit of marriage. Together, they bought a house erected on a lot owned by Dino in Benguet. The tax declaration was thereafter transferred to respondent’s name.

In 1995, they decided to partition their properties as their relationship soured. Eventually, petitioner demanded respondent to vacate the annex structure when respondent failed to pay petitioner’s share in their properties. Petitioner alleged that he alone paid for the construction of the annex structure.

Issue: Whether or not the property subject of the suit pertains to the exclusive ownership of petitioner.

Held: Any property acquired by common-law spouses during their period of cohabitation is presumed to have been obtained through their joint efforts and is owned by them in equal shares. Their property relationship is governed by the rules on co-ownership. And under this regime, they owned their properties in common “in equal shares.” Being herself a co-owner of the structure in question, respondent, as correctly ruled by the CA, may not be ejected therefrom.