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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSK. Property Relations Between Spouses (Family Code, arts. 74-81)3. Judicial Separation of Property - Family Code, arts. 134-142

Question

Property Relations Between Spouses: Judicial Separation of Property

Mr. and Mrs. Rodriguez have been married for 10 years. Throughout their marriage, they have acquired several properties, including a house and lot, a condominium unit, and a few parcels of land. However, their marriage has been facing difficulties, and they are contemplating a judicial separation of property.

1. In which court should Mr. and Mrs. Rodriguez file the petition for judicial separation of property?

  1. A. Regional Trial Court
  2. B. Municipal Trial Court
  3. C. Court of Appeals
  4. D. Supreme Court

2. What are the grounds for judicial separation of property, as provided for in the Family Code?

  1. A. Mutual consent of the spouses
  2. B. Legal separation of the spouses
  3. C. Annulment of the marriage
  4. D. All of the above

3. What is the effect of the judicial separation of property on the ownership of the properties acquired during the marriage?

  1. A. The properties will be divided equally between the spouses.
  2. B. Each spouse will retain ownership of the properties they individually acquired.
  3. C. The court will determine the fair distribution of the properties.
  4. D. The properties will be sold and the proceeds will be divided between the spouses.

4. Is it possible for Mr. and Mrs. Rodriguez to reconcile after obtaining a judicial separation of property? If so, what would be the legal effect?

  1. A. No, reconciliation is not allowed.
  2. B. Yes, reconciliation is allowed, but the separation of property will remain in effect.
  3. C. Yes, reconciliation is allowed, and the separation of property will be deemed revoked.
  4. D. Yes, reconciliation is allowed, but a new petition for reunion of property must be filed.



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