Question

Tom and Jane are married for 10 years. Their marriage has been rocky and they have been having constant arguments and disagreements. They have decided to explore the possibility of separating their properties to avoid any further conflicts.

Using the provisions on Judicial Separation of Property under Articles 134-142 of the Family Code, analyze the following scenarios and answer the questions that follow:

1. Scenario 1:

Tom and Jane jointly purchased a house during their marriage using their conjugal funds. They want to partition the house and divide the property according to their contributions. Will the court grant their request for judicial separation of property? Explain.

2. Scenario 2:

Tom inherited a large sum of money from his late uncle. He wants to separate this inheritance from the conjugal property. Jane argues that since they are married, the inheritance should be considered conjugal property. Is Jane correct? Explain.

3. Scenario 3:

Tom and Jane own a business that they both actively manage. They want to have the business excluded from their conjugal partnership. Under what circumstances can the court grant their request? Explain.