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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSK. Property Relations Between Spouses (Family Code, arts. 74-81)2. Marriage Settlements - Family Code, arts. 75-81a. Absolute Community of Property Regime - Family Code, arts. 84 and 88-104

Question

Marriage Settlements - Absolute Community of Property Regime

In a marriage settlement governed by the Absolute Community of Property regime as provided in Articles 88-104 of the Family Code of the Philippines, answer the following scenario-based questions:

1. Ramon and Maria got married without executing any marriage settlement. During their marriage, Ramon acquired a piece of land using his personal funds. Maria also acquired a commercial building using her personal funds. After 10 years of marriage, they decided to separate and dissolve their Absolute Community of Property regime. How will the land and the commercial building be divided between Ramon and Maria, if at all?

2. Alex and Carmen entered into a marriage settlement which excluded certain properties from the Absolute Community of Property regime. The said settlement provided that only the properties acquired during their marriage shall be included in the community. During the marriage, Alex acquired a luxury car using his personal funds, while Carmen acquired a condominium unit using her personal funds. After 5 years of marriage, they decided to end their Absolute Community of Property regime. How will the luxury car and the condominium unit be divided between Alex and Carmen, if at all?

3. Arturo and Lorna executed a marriage settlement wherein they agreed to adopt the Absolute Community of Property regime for their marriage. During their union, Arturo inherited a valuable antique collection from his deceased parents. After 15 years of marriage, they mutually agreed to terminate their Absolute Community of Property regime. How will the antique collection be divided between Arturo and Lorna, if at all?

  1. What specific provisions of the Family Code will be relied upon in resolving the issues in the above scenarios?
  2. What factors will the court consider in dividing the properties acquired by the spouses during the marriage under the Absolute Community of Property regime?
  3. What remedies are available to the spouses in case of non-compliance with the court's order on the division of the properties?



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