The Philippine Supreme Court has ruled that same sex couples can be considered co owners of property they acquire together, marking the first time the Family Code has been applied to same sex cohabitation.
The decision was promulgated on 5th February 2026, and made public on 10th February 2026. The court applied Article 148 of the Family Code, which governs property relations for couples who live together but cannot legally marry.
The case involved Jennifer C. Josef and Evalyn G. Ursua, who purchased a house and lot in Quezon City in 2006. The property was registered solely under Ursua’s name to facilitate bank transactions, as the two women were not married.
Josef contributed 50% of the purchase and renovation costs, a contribution acknowledged in a document signed by Ursua in 2007. After their relationship ended, the two initially agreed to sell the property and divide the proceeds equally. Ursua later refused to sell or recognise Josef’s co-ownership, prompting Josef to file a complaint for partition and damages.
Both a regional trial court and the Court of Appeals ruled against Josef. The Supreme Court reversed those decisions, holding that because same sex couples cannot marry under existing law, their property relations fall within the scope of Article 148.
“Considering that there is co-ownership between petitioner and respondent, then each co-owner may demand at any time the partition of the thing owned in common, insofar as her share is concerned,” the court said.
“Having rightful interest over the subject property, petitioner has the right to demand the division of the subject property.”
In a concurring opinion, Associate Justice Marvic Leonen said the law must be interpreted in light of contemporary realities.
“Our laws should be read from more contemporary lenses. We must bear in mind how the lived realities of many couples in the Philippines are now far from heteronormative standards,” he said.
“To be different is not to be abnormal. A same sex relationship is a normal relationship and therefore should be covered by Article 148 of the Family Code. Otherwise, we render legally invisible some forms of legitimate intimate relationships.”
Associate Justice Amy Lazaro Javier added that Article 148 should not be confined to heterosexual couples, citing “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”.
The court stressed that Article 148 applies to all forms of cohabitation regardless of gender.
Supreme Court spokesperson Camille Ting confirmed that this is the first time Article 148 has been used to decide property rights involving a same sex couple.
The Philippines remains the only country outside the Vatican that does not allow divorce, and same sex unions are not legally recognised. This has historically left LGBTQ couples without formal legal protections in areas such as property ownership, finances, and healthcare.
The court also called on lawmakers to address the broader legal status of same sex couples.
“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,” the court said.
“This Court does not have the monopoly to assure the freedom and rights of homosexual couples.”
Advocacy groups welcomed the ruling. LGBT Pilipinas said in a statement: “This ruling marks a monumental step forward in the legal recognition of LGBTQ+ families and relationships in the country.”
It added: “This ruling lays a crucial legal foundation for broader recognition of same sex relationships and strengthens the push for comprehensive anti discrimination protections.”
“This is a win not only for the LGBTQ+ community, but for fairness and justice in Philippine society as a whole.”
Public attitudes towards LGBTQ people in the Philippines have shown signs of gradual change. A 2023 Social Weather Stations survey found that 79% of Filipinos agreed that gays or lesbians are just as trustworthy as any other Filipino, while 73% said they have contributed significantly to society.
A December 2025 global survey found that 40% of Filipinos would feel comfortable if their child came out as gay, while 45% said they would feel uncomfortable, suggesting a narrowing gap in public opinion.
Support for same sex marriage remains limited. A 2018 survey showed that only 22% supported civil unions, but recent data point towards increasing tolerance and acceptance.
The ruling is expected to influence future legal debates as calls continue for an anti discrimination law and expanded protections for same sex couples in the Philippines.
About the Author
