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 - Family Code Question:

Mr. Juan and Mrs. Maria got married without any marriage settlement. They recently acquired a residential property after their marriage. Unfortunately, their marriage has been rocky and they are contemplating separation. According to the Family Code, specifically Articles 75-81, discuss the legal implications of their situation.

What is the default property regime for marriages in the Philippines?
How will the residential property acquired by Mr. Juan and Mrs. Maria be classified under the default property regime?
Explain the rights and responsibilities of both Mr. Juan and Mrs. Maria in relation to the acquired residential property.
Are there any exceptions or circumstances when the default property regime can be changed or modified?

Bonus question: If Mr. Juan and Mrs. Maria decide to pursue a different property regime, what legal requirements should they comply with?

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