How is the equity divided when only one person has made a financial contribution? Paano ang hatian sa bahay kung mag divorce?

Scenario 1: Married Couple (Kasal) vs Scenario 2: Unmarried Couple (Hindi Kasal)

Scenario 1: Married Couple (Kasal)

1. Does not matter who’s name the house is in. Hindi mahalaga kung sinong pangalan ang nasa property, dahil kung kasal kayo that asset can be a conjugal property and can be a marital asset. Kahit single name or joint name.
2. All contributions are looked at. Hindi lang titingnan dito ang “financial” contribution but also the “non-financial contributions”. For example, the wife stays at home to care for the children while the husband works and earn money, it is unfair for the wife not to get as much as the husband at the time of divorce. The starting point will always be a 50/50 split. There will be an assessment on financial and non-financial contributions and what the parties contributed to the marriage.
3. Length of the marriage. I-assess din ang haba ng pagsasama o kasal.
4. Number of children and their ages.
5. Earning capacity of the parties.
6. Health conditions. Has any party got medical conditions that may prevent them from working to contribute financially.

Madalas, kung saan mananatili ang mga bata for example, mas malaki ang nakukuha ng parent who “Lives With” the children because the court recognises that the best interest of the children is the primary consideration especially their housing needs. So magtataka ang non-resident parent, that the parent who cares for the children may get 60% or 70% more than the non-resident parent. Pero kung malalaki na ang mga bata, the starting point may be 50/50.

Scenario 2: Unmarried Couple (Hindi Kasal)

Things for consideration are:

1. Scenario 2a) Who’s name is the house in? Kung kanino nakapangalan ang bahay, sa kanya mapupunta ang proceeds ng bahay 100%. Yong party na wala ang name sa property, is not entitled to the property proceeds at all. Regardless how long they have been living together as a couple, or how many children they have, pero pag wala ang name nya sa mortgage, wala sya makukuha.
2. Scenario 2b) House is in joint name. If the house is in joint name and you are not married, then it will be 50/50. Hindi titingnan kung sino nagbayad ng mortgage, or gaano kadami ang mga anak to be rehoused, as long as your both names are there on the mortgage, you get half and half, a piece.

Akala ng marami palaging 50/50 ang share sa proceeds ng bahay, pero ito ay maling akala. Malaki ang pagkakaiba ng kasal at hindi kasal sa hatian ng property when the couple separates and ends up in divorce.

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