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

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Marriage Settlements - Family Code

Maria and Juan got married without executing a marriage settlement. They lived together as husband and wife for several years and acquired properties during their marriage. However, they are now contemplating the dissolution of their marriage and have sought legal advice regarding the division of their properties.

In this scenario, discuss the following:

What is the presumption regarding the property regime of Maria and Juan in the absence of a marriage settlement? (2 points)
What is the effect of the absence of a marriage settlement on the properties acquired by Maria and Juan during their marriage? (2 points)
What are the circumstances when the absolute community of property regime applies? (3 points)
Can Maria and Juan agree to change their property regime to absolute community of property? If so, how can they do this? (4 points)

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