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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSK. Property Relations Between Spouses (Family Code, arts. 74-81)2. Marriage Settlements - Family Code, arts. 75-81c. Separation of Property Regime - Family Code, arts. 143-146

Question

Marriage Settlements - Separation of Property Regime

Alice and Bob recently got married and are considering the type of property regime they want to adopt for their marriage. They seek your advice as a legal expert on the topic of Separation of Property in Marriage Settlements. Evaluate the following scenarios and provide a legal analysis using the relevant provisions of the Family Code, particularly on Separation of Property Regime (Family Code, arts. 143-146).

  1. Alice and Bob want to maintain separate ownership of their respective properties acquired before the marriage. They also want to keep any property and income acquired during the marriage separate. Discuss the legal aspects of this arrangement under the Separation of Property Regime.
  2. Alice owns a successful business before getting married to Bob. After marriage, Bob assists in managing the business and contributes significantly to its growth. They both want to ensure that the business remains separate property. Explain the legal implications of such a scenario.
  3. Alice and Bob want to adhere to the default system of Absolute Community of Property but wish to exclude certain properties from the community. Provide an analysis of the limitations and requirements of excluding specific properties from the community under the Separation of Property Regime.

Using the relevant provisions of the Family Code, including articles 143-146, analyze each scenario and provide a comprehensive and well-supported response.




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