What Is a Joint Affidavit of Cohabitation?
A Joint Affidavit of Cohabitation is a sworn declaration executed by two people who are living together as husband and wife without the benefit of marriage. Both affiants appear before a notary public, swear to the truth of the statements under oath, and sign the document side by side.
It is called a joint affidavit because both parties are affiants — each individually swears to the facts. This distinguishes it from a single-party affidavit where only one person executes the document.
When Is a Joint Affidavit of Cohabitation Required?
Common situations in the Philippines where this affidavit is required or accepted:
- Article 34 — Marriage license exemption — Under Article 34 of the Family Code, a couple who has lived together as husband and wife for at least five (5) continuous years with no legal impediment may contract marriage without a marriage license. The joint affidavit is the primary required document to prove this period.
- Pag-IBIG Fund dependent enrollment — Required to register a live-in partner as a Pag-IBIG qualified dependent beneficiary.
- SSS and GSIS spousal benefits — Social insurance agencies may require an affidavit of cohabitation when processing dependent enrollment or benefit claims for an unmarried partner.
- OWWA and DSWD sponsorship — Required for welfare applications and sponsored programs where relationship status is relevant.
- Barangay, LGU, and NBI transactions — Some government offices require proof of cohabitation for clearances or records corrections.
- Insurance and pension beneficiary designation — Private insurers and pension funds may require it when naming an unmarried partner as a beneficiary.
Required Facts in a Joint Affidavit of Cohabitation
A proper Philippine Joint Affidavit of Cohabitation must state:
- Both affiants' identities — full name, civil status, citizenship, and description of each party
- Shared residence address — the address where both parties live together
- Cohabitation start date and duration — month and year when they began living together; the computed duration strengthens the affidavit
- No legal impediment clause — that neither party has an existing legal marriage or other obstacle to contracting marriage with each other (required for Article 34)
- Purpose — why the affidavit is being executed (Article 34 marriage license exemption, government benefits, or general legal purposes)
Free Joint Affidavit of Cohabitation Template
We, [FIRST AFFIANT NAME], single, Filipino, of legal age, and [PARTNER NAME], single, Filipino, of legal age, after having been duly sworn to in accordance with law, hereby depose and state that:
1. That we have been living together as husband and wife under the same roof, continuously and without any interruption, since [Month Year] or for a period of [N] years, at [Shared Address];
2. That during our cohabitation and even until the present, there exists no legal impediment or obstacle between us to marry each other;
3. That we are willingly and voluntarily executing this JOINT AFFIDAVIT OF COHABITATION to attest to the truth of the foregoing statements and for whatever legal purposes this may serve.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20 at , Philippines.
SUBSCRIBED AND SWORN TO BEFORE ME, this day of , 20, in , Philippines, by the above-named affiants exhibiting to me their competent evidence of identity.
PTR No.
IBP No.
Roll No.
MCLE Compliance No.
Generate Your Joint Affidavit of Cohabitation Online — Free
Fill in the guided fields in Legalia and get a properly formatted Philippine Joint Affidavit of Cohabitation with both affiants' signature blocks and the correct jurat — ready to bring to your notary.
Generate Free with LegaliaArticle 34 — The Marriage License Exemption
Article 34 of the Family Code of the Philippines states:
"No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other."
For a couple to qualify:
- The cohabitation must be continuous and exclusive — not intermittent periods of living together
- The five-year period must be immediately before the marriage, not any five-year period in the past
- There must be no legal impediment — neither party may be currently married to another person, below legal age, or otherwise legally disqualified from contracting marriage
The Joint Affidavit of Cohabitation is the sworn evidence presented to the solemnizing officer in place of the marriage license. The notary public certifies the identities of both affiants and that they took the oath in each other's presence.
Step-by-Step: How to Fill Out the Affidavit
- Enter both partners' full names and civil status. Use the exact names as they appear on government IDs. Civil status is typically "single, Filipino, of legal age" — adjust if one party is widowed or legally separated.
- Enter the shared residence address. This must be the address where both parties actually reside together, not a mailing address or a parent's house.
- Enter the cohabitation start date. Use the approximate month and year when both parties began living together under the same roof. Legalia auto-computes the duration for the document text.
- Toggle optional clauses. The no-legal-impediment clause is on by default — keep it if using the affidavit for Article 34. Enable the children clause if applicable. Enable the Article 34 intent-to-marry clause if filing for the marriage license exemption.
- Enter the purpose. For Article 34: "availing of the marriage license exemption under Article 34 of the Family Code." For other uses: "whatever legal purposes this may serve."
- Both partners must appear before the notary. Bring at least one government-issued ID each. The notary will administer the oath and affix the jurat.