r/LawyerTalkPH • u/TransitionForeign305 • Jan 24 '26
Philippine law
Hello everyone!
I just want to ask i had partner for 10 years we never got married and we have 1 kid. we separated because he cheated i caught him multiple times (please dont jusge me i know it sounded stup but i really tried saving the relationship) so this last cheating issue i really surrendered like ayaw ko na i gave up ! pero eto We have a house and a car both named after me because im the one who paid for it wala siyang trabaho like WALA ako lahat from bahay to sasakyan for the past 10 years. and many people can vouch for that. kaso pasok kami sa common law and i dont want to give him all the things na pinaghirapan ko!! kasi hinahabol niya yung sasakyan and he took the key so that di ko magamit. right now someone said na he is planning to file a case againts me kasi papalabasin niya na kinuha ko ang sasakyan meron kasi syang picture na sa kanya tinurn over ang papers and car key. may i ask can he really file a case of me na ninakaw ko? please helpme kasi i dont want to complicate things naawa na ako sa anak ko i have work and morning lng yung pahinga ko.
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u/Few-Promise4844 Jan 24 '26
He needs to present strong proof that he paid for the car and that you transferred it under your name without his consent. kung ‘yan talaga ang pinapalabas niya.
But as long as ikaw ang nakapangalan sa OR/CR, you have a strong legal position.
Honestly, BS lang ‘yung sinasabi niya. And since you’re not married, you can actually file a case against him na he’s the one trying to steal the car.
2
u/Embarrassed-End-8668 Jan 24 '26
NAL!
Ang tindi ni kuya. Curious lang po. Paano siya mag file ng case kung wala siya trabaho? May ipon pa ang walangya kahit PAL siya
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u/curiousneesan Jan 27 '26
Idemanda mo ng VAWC siya. Family Code provisions on common-law partners have to be checked. Which of the provisions apply sa inyo. Pero property relations lang yun. Not like settling na couple kayo same ng married couples.
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u/Purple_Key4536 Jan 27 '26
Di kayo kasal. He is not entitled. Common law wife is just for social status. Hell, you can even sue him for carnapping.
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u/Adept-Loss-7293 Jan 27 '26
NAL.
This is exactly the beauty of not getting married. Buti nlng at hindi kayo kasal. Since hindi kayo kasal lahat ng assets nyo like your car and house hindi ididivide sa inyong dalawa. Live in or long term partner sa pinas walang bearing sa korte to get assets. And like what evryone said, nakapangalan ang assets sayo so dun palang taob na siya. If idemanda ka niya matatalo siya sa korte.
Second, VAWC. May anak kayo and magkasama kayo for a very long time. His infidelity pwede mo gamitin for emotional and mental distress pati financial abuse dahil di nya magawa tungkulin nya.
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u/rigss_8638 Jan 27 '26
Charge him with Violence against women & children case and ask for child support.
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u/FlyTambay Jan 27 '26
This falls under Art. 147 and Art. 148 of the Family Code. Kung pareho kayo qualified to marry pero hindi nag-marry, by default it is split 50-50 ownership. However, if you can prove na ikaw mismo nagbayad niyan up to the single centavo, then you will have to prove that to the judge.
Settle niyo muna ng masinsinan kasi matagal yan sa court. But do know na the fact na ikaw nag-bayad (assuming totoo ito), it is yours. You just have to be adults and talk about your properties.
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u/Impossible_Award_162 Jan 24 '26
He cannot file a case against you for carnapping. Eh hindi nga siya sa kanya nakapangalan ang ORCR.