All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ K. Property Relations Between Spouses (Family Code, arts. 74-81) ▸ 2. Marriage Settlements - Family Code, arts. 75-81 ▸ a. Absolute Community of Property Regime - Family Code, arts. 84 and 88-104

Question

Marriage Settlements - Absolute Community of Property Regime

Ms. Reyes and Mr. Santos recently got married and have chosen to adopt the Absolute Community of Property regime for their marriage. They are now encountering some issues regarding their properties and financial obligations. Analyze the following scenarios based on the applicable provisions of the Family Code:

Mr. Santos wants to sell a parcel of land that he acquired before their marriage. Can he do so without the consent of Ms. Reyes?
During their marriage, Ms. Reyes incurred substantial credit card debts without the knowledge of Mr. Santos. Can the creditors collect payment from the conjugal assets?
Ms. Reyes received an inheritance from her deceased parents. Is the inheritance considered part of the community property?
Due to financial difficulties, Ms. Reyes and Mr. Santos decided to enter into a business partnership with Ms. Cruz. Will the profits derived from the business be considered part of the community property?
Mr. Santos, without the knowledge of Ms. Reyes, used community funds to purchase a luxury car solely under his name. Can Ms. Reyes claim ownership of the car?

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