Question

Question:

Ms. Reyes and Mr. Santos got married in 2005 without executing a marriage settlement. They have been living harmoniously together until recent financial difficulties put a strain on their relationship. Concerned about protecting their individual properties, they decide to pursue a judicial separation of property. However, they are unsure about the process and the effects of this action.

With regard to the topic of Judicial Separation of Property under the Family Code (Articles 134-142), answer the following questions:

1. What is the concept of Judicial Separation of Property, as provided in the Family Code? Discuss its nature and effect on the spouses' properties. (8 points)
2. What are the grounds for judicial separation of property and how can the spouses avail of this remedy? Discuss the requirements and procedure for initiating a judicial separation of property. (12 points)
3. Can the spouses still live in the same dwelling while the judicial separation of property is pending? Explain the rights and obligations of the spouses during this period. (10 points)
4. During the course of the judicial separation of property, Ms. Reyes acquires a new property in her name. What will be the status of this property in relation to the separation of property between her and Mr. Santos? Discuss the effects and implications of acquiring new properties during the pendency of the separation. (10 points)
5. Suppose after the judicial separation of property is granted, Mr. Santos transfers a piece of property to his sister without the knowledge and consent of Ms. Reyes. Can Ms. Reyes challenge this transfer? Discuss the rights and remedies of Ms. Reyes in this situation. (10 points)