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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSJ. Legal Separation (Family Code, Art. 55-67)

Question

Question: Legal Separation and Property Distribution

Marie and John have been married for 12 years and have decided to legally separate due to irreconcilable differences. They have acquired several properties during their marriage. Marie has a high-paying job and earns significantly more than John, who is currently unemployed. They want to know how their properties will be distributed upon legal separation.

Discuss the rules and principles regarding the property distribution in a legal separation under the Family Code of the Philippines. Provide the factors that the court considers in determining the distribution of properties and any exceptions or limitations to the general rule.

  1. Explain the concept of community property and its implications in a legal separation.
  2. Enumerate and discuss the factors that the court considers in dividing the community property between the spouses.
  3. Are there any exceptions or limitations to the general rule of equal distribution of community property? If so, explain.

Support your answers with relevant provisions from the Family Code of the Philippines.




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Bar Review Question: Question: Legal Separation and Property Distribution Marie and John have been married for 12 years