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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

Anna and John, both Filipinos, got married in 2010. They did not execute any marriage settlement before or after their wedding. In 2022, Anna inherited a valuable piece of property from her deceased aunt. John, on the other hand, started a successful business and acquired various assets during their marriage. They decided to separate and are now in the process of dividing their conjugal assets.

Discuss the following issues:

  1. What is the default property regime that applies to Anna and John's marriage? Explain the rights and obligations of the spouses under this regime.
  2. Who has the burden of proof in establishing the character of the inherited property of Anna? What are the guidelines for determining the nature of the property?
  3. Can Anna claim ownership over the business assets acquired by John during their marriage? Explain the basis for your answer.
  4. If Anna and John decide to enter into a post-nuptial agreement to change their property regime, what are the requirements and limitations under the law?



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Bar Review Question: Marriage Settlements: Conjugal Partnership of Gains Regime Anna and John, both Filipinos, got marr