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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. 75-81b. Conjugal Partnership of Gains Regime - Family Code, arts. 105-133

Question

Marriage Settlements: Conjugal Partnership of Gains Regime - Practical Scenario

Mr. and Mrs. Ramirez got married and opted for the Conjugal Partnership of Gains regime under the Family Code of the Philippines. After several years of marriage, they encountered various financial and property issues. Analyze the following scenario based on the applicable provisions of the Family Code, particularly Arts. 105-133, and answer the questions that follow:

  1. Mr. Ramirez inherited a valuable piece of land from his late grandfather during their marriage. Is this property considered part of the conjugal partnership? Explain your answer.
  2. During their marriage, Mrs. Ramirez used her personal funds to purchase stocks in a well-known company. Can she claim that these stocks are part of the conjugal partnership? Discuss the legal implications.
  3. The couple obtained a loan to finance the construction of their family home. The title of the property was solely in Mr. Ramirez's name. Upon defaulting on the loan, the property was foreclosed and sold at a public auction. Should the proceeds from the auction be considered part of the conjugal partnership? Support your answer with relevant provisions of the law.
  4. Due to financial difficulties, Mr. Ramirez decided to sell a valuable artwork that he acquired before the marriage. Can Mrs. Ramirez assert her right to a share in the proceeds from the sale? Explain your reasoning.
  5. During the marriage, Mr. Ramirez deposited a substantial amount of money in a joint bank account under Mrs. Ramirez's name. Is this money considered part of the conjugal partnership? State the applicable provision of the law and explain your answer.



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Bar Review Question: Marriage Settlements: Conjugal Partnership of Gains Regime - Practical Scenario Mr. and Mrs. Ramir