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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSK. Property Relations Between Spouses (Family Code, arts. 74-81)4. Property Regime of Unions Without Marriage - Family Code, arts. 147-148

Question

Property Regime of Unions Without Marriage

Scenario 1:

Carlo and Sofia have been living together for 10 years, but they never got married. During their cohabitation, they acquired several properties, including a house, a car, and a business. Recently, they decided to end their relationship and now they are disputing the ownership and division of their properties.

Based on the Family Code, particularly Articles 147-148, answer the following questions:

  1. What is the property regime that governs unions without marriage?
  2. How would the properties acquired by Carlo and Sofia during their cohabitation be classified?
  3. What are the rules for the division of properties in the absence of a marriage contract?
  4. What factors may affect the division of properties between Carlo and Sofia?

Scenario 2:

Marvin and Karen have been living together for 5 years without getting married. During their cohabitation, Marvin inherited a large sum of money from his late father. He used a portion of the inheritance to buy a condominium, which he and Karen lived in. They are now going through a breakup and Karen is claiming rights to the condominium.

Based on the Family Code, particularly Articles 147-148, answer the following questions:

  1. Is the condominium considered a community property or an exclusive property of Marvin?
  2. What factors may determine Karen's entitlement to the condominium?
  3. Are there any circumstances where Karen may have a claim to a share in the inherited money?



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Bar Review Question: Property Regime of Unions Without Marriage Scenario 1: Carlo and Sofia have been living together