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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

Question:

Mr. and Mrs. Santos have been married for 10 years. However, their marriage has encountered significant difficulties, leading them to consider a separation. They have accumulated several properties during their marriage, including a house and a car. Mr. Santos is the sole breadwinner and has been responsible for acquiring most of the assets. Mrs. Santos, on the other hand, has been a homemaker.

Considering the provisions on Judicial Separation of Property under Articles 134-142 of the Family Code:

  1. If Mr. and Mrs. Santos decide to undergo judicial separation of property, how will their assets be divided? Explain the process and the factors to be considered in determining the division of properties.
  2. What would happen to the house that Mr. Santos acquired using his exclusive funds, but is registered under the conjugal partnership of gains? Would the house be included in the division of assets or would Mr. Santos be entitled to permanently retain it? Explain the legal principles governing the disposition of the house in this scenario.



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