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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

Subject: Property Relations Between Spouses - Judicial Separation of Property

Maria and Juan have been married for five years. Due to irreconcilable differences, they have decided to initiate judicial separation of their property. Maria has inherited a large parcel of land from her grandparents, while Juan has been running a successful business for years. They live in a house that they purchased jointly after their marriage. Given the provisions of the Family Code, specifically Articles 134-142, answer the following questions:

  1. What is the process involved in achieving judicial separation of property? Describe the steps that Maria and Juan need to take.
  2. How will Maria and Juan's individual contributions to the acquisition, improvement, and preservation of the common property be determined?
  3. What will happen to the house they purchased jointly? Will it be included in the judicial separation of property?
  4. Can Maria and Juan enter into an agreement to divide their common property without going through judicial separation? Explain the advantages and disadvantages of doing so.
  5. What are the limitations or restrictions imposed on a spouse's right to dispose of individual property after the judicial separation of property?



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Bar Review Question: Subject: Property Relations Between Spouses - Judicial Separation of Property Maria and Juan have