Philippine Supreme Court Rules on Property Rights for Same-Sex Couples

Wed Feb 11 2026 00:07:12 GMT+0200 (Eastern European Standard Time)

In a groundbreaking decision, the Philippine Supreme Court has recognized the property ownership rights of same-sex couples, applying a previously unused provision of the Family Code to ensure equity in property relations.

The Philippine Supreme Court's recent ruling allows same-sex couples to co-own property, marking a significant step toward legal recognition and protection in a country where such unions remain illegal. This decision stems from a case involving a property dispute between two women, leading the court to affirm that co-ownership rights should extend to same-sex couples under the Family Code's Article 148.

The Philippine Supreme Court in a landmark decision has ruled that same-sex couples can be considered co-owners of property.

Applying a provision of the country's Family Code for the first time, the court said same-sex couples can be recognized as co-owners if it is proven that both parties contributed to acquiring a property.

Same-sex unions are outlawed in conservative Catholic Philippines, which does not allow divorce, leaving LGBT couples without legal protections for property, finance, and healthcare.

The Supreme Court ruling, made public on February 5, 2023, involved a former couple—two women—who disputed the sale of their home in suburban Manila.

One of the women refused to sell their house after initially agreeing, prompting the other to seek a division of property through a lower court. However, the lower court denied her claim, a decision upheld by the Court of Appeals.

Ultimately, the Supreme Court reversed these rulings, referencing documentation that one partner paid half of the property's purchase and renovation costs.

The property was registered solely under one partner's name to expedite the acquisition process, given their unmarried status.

While the Family Code defines marriage as a union between a man and a woman, the court noted that Article 148—which governs property relations of cohabitating partners—does not discriminate based on gender and should apply universally.

“Otherwise, we render some forms of legitimate intimate relationships legally invisible,” stated Associate Justice Marvic Leonen.

Justice Amy Lazaro Javier emphasized that Article 148 should not be restricted to heterosexual couples, considering modern societal values and the unjust treatment of homosexual partners.

A Supreme Court spokesperson confirmed this ruling marks the first instance where Article 148 has been applied to the property rights of a same-sex couple.

The court urged lawmakers to address the needs of same-sex couples, stating:

“Given the political, moral, and cultural questions surrounding the rights of same-sex couples, political departments, particularly Congress, must be involved to seek solutions.”