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 - Family Code, arts. 75-81

Consider the scenario below:

A and B recently got married and opted for the Conjugal Partnership of Gains regime. They agreed on certain provisions for their marriage settlement. However, after a few years of marriage, issues and disagreements regarding their conjugal properties arise.

Can A and B modify or revoke the provisions of their marriage settlement during the subsistence of their marriage?
What are the legal requirements for modifying or revoking the provisions of a marriage settlement? Are there any limitations?
In case of dissolution of the Conjugal Partnership of Gains, how are the assets and liabilities to be divided between A and B?
What remedies are available to A or B if there is a violation or breach of the provisions of the marriage settlement?

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