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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

Mr. and Mrs. Santos got married on January 1, 2020. They did not execute any marriage settlement or prenuptial agreement. They acquired several properties during their marriage, including a house and lot registered in the name of Mr. Santos and a car registered in the name of Mrs. Santos. The couple decided to dissolve their marriage and have come to seek legal advice regarding the division of their properties.

Based on the given scenario, answer the following questions:

  1. Under the Conjugal Partnership of Gains regime provided in the Family Code, how will the properties acquired by Mr. and Mrs. Santos during their marriage be divided upon dissolution of their marriage? Explain the legal principles and provisions that govern the division of conjugal properties. (10 points)
  2. Discuss the exceptions to the general rule of equal division of conjugal properties. Provide at least three (3) circumstances or situations where the equal division of conjugal properties may not apply. Explain the legal basis for each exception. (10 points)
  3. Mrs. Santos claims that the car she registered in her name should be considered as her exclusive property and not subject to division. Is she correct? Explain the nature of conjugal properties and whether the car falls under the conjugal partnership or the exclusive property of Mrs. Santos. Support your answer with relevant provisions of the Family Code. (10 points)



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