Question

Mr. and Mrs. Santos got married and opted for the Conjugal Partnership of Gains regime under the Family Code of the Philippines. They acquired several properties during their marriage and now find themselves facing some issues regarding the division of their assets.

Consider the following scenarios and answer the questions that follow:

1. Scenario 1:

Mr. Santos received an inheritance from his late father while they were married. He contends that since the inheritance is his exclusive property, it should not be included in the conjugal partnership. On the other hand, Mrs. Santos argues that the inheritance should be divided equally between them. Who is correct?

2. Scenario 2:

During their marriage, the couple purchased a parcel of land using funds from the conjugal partnership. However, only Mr. Santos's name appears on the title as the registered owner. If the couple decides to sell the property, who has the authority to execute the sale?

3. Scenario 3:

Due to financial difficulties, the couple decided to mortgage their conjugal property to obtain a loan. Unfortunately, they were unable to pay off the loan, and the property was foreclosed. Who bears the burden of the unpaid loan?

4. Scenario 4:

Mr. Santos is engaged in a business venture that is solely his own. He wants to use funds from the conjugal partnership to expand his business. Can he freely use these funds without the consent of Mrs. Santos?

5. Scenario 5:

The couple decided to separate and eventually file for annulment of their marriage. What will happen to the conjugal partnership of gains? How will the assets be divided?