Paterno v. Paterno

Summary

Former spouses Simon and Dina Marie Paterno disputed property division and support following their marriage's nullity declaration. The Supreme Court reversed lower courts' orders for partial property distribution and increased support, applying the law of the case doctrine that co-ownership under Article 147 of the Family Code applies only to properties acquired during actual cohabitation, not after separation. While properties purchased during marriage are presumed co-owned equally, the Court distinguished between portions paid during cohabitation versus after separation. The Court also ruled that mutual support obligations ceased upon the void marriage decree's finality, and that the trial court abused discretion in increasing support when two of three children reached majority. The case was remanded for proper determination of ownership shares and support arrears, establishing important precedent on property rights in void marriages and the temporal limits of co-ownership presumptions.