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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 Relations Between Spouses: Property Regime of Unions Without Marriage

Scenario: John and Jane have been in a domestic partnership for several years. They have acquired various properties during their relationship. Recently, they decided to end their relationship and are now facing the issue of how their properties should be divided. Based on the provisions of the Family Code, particularly on the property regime of unions without marriage, answer the following questions:

  1. What is the default property regime for unions without marriage? Explain its key features and implications.
  2. Under the default property regime, what properties are considered exclusive to each partner? Can they be held jointly by both partners?
  3. If John and Jane want to have a different property regime for their union, what are the conditions and requirements for them to do so?
  4. Suppose John and Jane acquired a piece of real estate property during their relationship. However, only Jane's name is listed on the title. How would the default property regime of unions without marriage apply to this property?
  5. What are the ways through which John and Jane can modify or terminate their property regime? Explain the process for each method.



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