The Supreme Court Rules Same-Sex Couples Can Co-Own Properties
For the first time, Article 148 of the Family Code was invoked to protect the LGBTQIA+ community’s property rights.
by Kyla Villena
Published on Feb 11, 2026
What started as a feud between a separated homosexual couple turned into a landmark decision for the entire LGBTQIA+ community.
Last February 10, the Supreme Court (SC) issued its ruling on two women who had conflicting plans to sell their shared home in Quezon City. One of them initially agreed to do so, then refused to sell it later on. This led the other to file a claim to divide their property before a lower court, which denied it. It was then affirmed by the Court of Appeals.
The SC, on February 5, reversed the lower court rulings by citing a document made by one partner, and acknowledged by the other—that proved she paid 50% of the purchase and renovation costs. The property was registered merely under one name to speed up the acquisition, given that they were not related or bound by marriage.
The Supreme Court Recognizes That Same-Sex Couples Can Co-Own Properties
Article 147 of the Family Code defines marriage as a bond between a man and a woman. With this, the SC used Article 148 as its basis, which governs “property relations of people who live together but cannot legally marry,” and that “applies to all forms of cohabitation.” Same-sex couples can co-own properties, given that there is proof of contribution from both parties.
Associate Justice Amy Lazaro Javier affirmed that the article must not be limited to heterosexual couples, “given the prevailing values in modern society as well as the glaring yet unjustified difference in the treatment of heterosexual couples vis-à-vis their homosexual counterparts.”
Senior Associate Justice Marvic Leonen stated his concurring opinion, emphasizing that same-sex relationships must be taken into consideration as much as opposite-sex relationships.
He added, “In interpreting our laws, we should be mindful of the reality that our freedoms should be individually and socially meaningful. This case serves as an instance wherein we can use the law to protect people who are not entirely within its fringes.”
Camille Ting, a spokesperson for the SC, confirmed to the BBC that this case marks the first time Article 148 has been used to decide on a case regarding property rights of a same-sex couple.
The SC also called on the government and lawmakers to address the needs of the LGBTQIA+ community, saying, “With the political, moral, and cultural questions that surround the issue concerning the rights of same-sex couples, political departments especially the Congress must be involved to quest for solutions.”
Kyla Villena loves a good lip gloss and a trip to the art gallery. She is Preview's beauty girl, who doubles as a self-proclaimed motivational speaker.