Law Dictionary

Question A.6, Civil Law, 2019 Bar Exam

Notice: The following suggested answers simulate those that a bar examinee may provide as an answer to a bar exam question. Thus, specific citations (i.e., republic acts, articles/sections, jurisprudence, etc.) are not provided because it is not required in the bar exam. For purposes other than answering the bar exam, please be reminded that proper referencing or legal citation is required.

Question A.6, Civil Law, 2019 Bar Exam

Name at least two (2) exclusions from the following property regimes as enumerated under the Family Code:

(a) Absolute community of property (2%)

(b) Conjugal partnership of gains (2%)

Suggested Answer:

(a) The following are excluded from the ACP:

1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property; and

2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property.

(b) The following are excluded from the CPG:

1) That which is brought to the marriage as his or her own; and

2) That which each acquires during the marriage by gratuitous title.

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

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