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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. 75-81b. Conjugal Partnership of Gains Regime - Family Code, arts. 105-133

Question

Marriage Settlements - Conjugal Partnership of Gains Regime - Scenario-based Question

John and Jane got married and opted for the Conjugal Partnership of Gains regime. During the course of their marriage, they acquired several properties and assets. However, they encountered some challenges that led to their separation. They want to know how their properties and debts will be divided based on the provisions of the Family Code.

Identify the proper distribution of assets and liabilities based on the given scenario and the provisions of the Family Code.

  1. John and Jane acquired a house and lot during their marriage. The title of the property is under both their names. However, it was solely paid for by John using his personal funds. Who will be the rightful owner of the house and lot?
  2. John incurred a large amount of debt due to his business ventures without the knowledge of Jane. Can Jane be held liable for John's debts?
  3. During their marriage, Jane inherited a valuable piece of jewelry from her deceased grandmother. Can John claim any share in the inherited jewelry?
  4. John and Jane jointly obtained a car loan to purchase a vehicle for their family use. They are both registered owners of the car. In case of default in payment, who will be responsible for the outstanding loan?
  5. John and Jane decided to sell their jointly-owned property. They received the proceeds of the sale. How should the proceeds be divided between them?



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Bar Review Question: Marriage Settlements - Conjugal Partnership of Gains Regime - Scenario-based Question John and Jan