Navigating the Complexities of Cohabitation and Property Division
A reader, using the pseudonym Lexy, has reached out with a pressing dilemma concerning her relationship and shared assets. At 34 years old and single, Lexy finds herself entangled in a complicated situation with her boyfriend, Jimmy, who is currently in a live-in arrangement with another woman. This woman is legally married but separated from her husband, and they have no children together, though they live with her child from a previous relationship. The couple has been cohabiting for five years, during which time they have acquired a house and a car, largely due to the woman's business acumen and financial contributions, despite Jimmy having a stable, well-paying job that allows him to save effectively.
Seeking Clarity on Legal Rights and Property Disputes
Jimmy desires to leave his partner to marry Lexy, but he faces significant hurdles regarding their jointly owned properties. He has contributed substantially to these assets and fears potential legal complications if he attempts to separate. The partner has a history of jealousy and conflict, making their living situation tumultuous, and she has threatened to cause trouble if he leaves. Lexy's primary questions revolve around whether they can take legal action against the woman and how to handle the division of property fairly.
In response, the expert, Noy Kulas, provides clear and practical advice. He emphasizes that since Jimmy and his partner are not legally married, they can separate at any time without formal legal barriers. However, the partner's marital status—being legally married to another man—poses a separate issue that could lead to legal complications if her husband chooses to intervene.
Steps for Resolving Property Division Amicably
The core of the problem lies in the division of their shared properties. Noy Kulas advises that both parties have likely contributed financially, making them part-owners. To address this, Jimmy should first formally notify his partner of his intention to separate. Following this, he should initiate a discussion about dividing the assets, focusing on reaching a mutual agreement. If negotiations stall, they can seek mediation through their local barangay to facilitate a settlement, which might involve Jimmy receiving a payout for his contributions rather than a full share of the properties.
Should the partner refuse to cooperate, the dispute could escalate to court proceedings, potentially prolonging the resolution. Noy Kulas stresses the importance of documenting all financial contributions and communications to support any legal claims. Ultimately, while the emotional aspects of the relationship are challenging, the legal pathway for unmarried couples is more straightforward, provided both parties engage in good-faith efforts to resolve property matters.
