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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. 75-81c. Separation of Property Regime - Family Code, arts. 143-146

Question

Question 2: Marriage Settlements - Separation of Property Regime

Martin and Anna, both Filipino citizens, decided to enter into a marriage contract and choose the separation of property regime. They executed a marriage settlement stating that all properties acquired before and during their marriage shall be considered as separate properties. They diligently complied with the legal requirements and registered their marriage settlement with the Office of the Civil Registrar.

After several years of marriage, Martin inherited a valuable piece of land from his late father. He immediately registered the property in his name. Anna, on the other hand, started a successful online business and acquired several properties under her name with her own earnings.

Recently, Martin discovered that Anna sold one of her properties without his knowledge or consent. He is now seeking legal advice on what actions he can take regarding this transaction under the separation of property regime.

In light of the given scenario, answer the following questions:

  1. What is the concept of the separation of property regime under the Family Code of the Philippines? Discuss its main features and implications on the ownership and management of properties during the marriage.
  2. Can Martin challenge Anna's sale of her property without his consent? Explain the legal basis and the remedies available to Martin under the separation of property regime.



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Bar Review Question: Question 2: Marriage Settlements - Separation of Property Regime Martin and Anna, both Filipino ci