Question

Marriage Settlements - Separation of Property Regime

Discuss the legal consequences and effects of the Separation of Property Regime under Articles 143-146 of the Family Code of the Philippines in the following scenarios:

1. Martin and Maria got married and decided to enter into a Separation of Property Regime. During their marriage, Martin acquired a piece of land registered solely in his name. Maria is unaware of this acquisition. In the event of the dissolution of their marriage, what are the legal implications of the Separation of Property Regime on the ownership and disposition of the land acquired by Martin?


2. Albert and Anna, a married couple, entered into a Separation of Property Regime. Albert leased a commercial space and used the rental income to purchase stocks and shares in his name. In the event that Albert passes away, how will the Separation of Property Regime affect the distribution of the stocks and shares he acquired using the rental income?


3. John and Jane, a married couple, decided to separate and live apart but did not formalize their separation through legal means. They did not execute any document to indicate a Separation of Property Regime. Considering that they still remain legally married, what will be the applicable property regime that governs their assets and liabilities? Discuss the implications of not formalizing their separation under the law.