Question

In 2021, Mr. and Mrs. Santos got married without executing any marriage settlements. They lived together for several years acquiring various properties, including a house and lot, a car, and a business. Unfortunately, their marriage ended in a legal separation. As their lawyer, you are tasked to advise Mr. Santos regarding the properties acquired during their marriage and the applicable provisions of the Absolute Community of Property regime under the Family Code.

Please discuss the following issues:

1. Under the Absolute Community of Property regime, what properties are included and excluded from the community property?
2. What happens to the properties acquired before the marriage and after the legal separation?
3. What are the limitations on the disposition of community property?
4. Are there any instances when exclusive properties can be considered as part of the community property?
5. Discuss any exceptions or instances where the Absolute Community of Property regime may not apply.