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

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Marriage Settlements - Conjugal Partnership of Gains Regime

Mr. John and Ms. Jane got married on January 1, 2020, without executing any marriage settlement. They both worked during their marriage and acquired several properties. Unfortunately, their marriage is on the rocks and they are now contemplating divorce.

Considering the given scenario and the provisions of the Family Code on the Conjugal Partnership of Gains Regime (Family Code, Articles 105-133), answer the following questions:

What is the default property regime in the absence of a marriage settlement?
Are the properties acquired by Mr. John and Ms. Jane during their marriage considered conjugal or exclusive properties? Explain.
What would be the process of liquidation and division of the conjugal partnership of gains in the event of divorce?
How would the characterization and valuation of the properties be determined for the purpose of the liquidation?
If one of the spouses incurred debts during the marriage, how would those debts be settled under the Conjugal Partnership of Gains Regime?

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