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0 tracked cards Civil Law and Land Titles and Deeds
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Ella and Harold marry under the conjugal partnership of gains. Before marriage, Harold donated Parcel P to Ella, and the donation documents specify that Parcel P is Ella’s exclusive property; the title to Parcel P stands in Ella’s name alone. During the marriage, they construct a two-storey dwelling, Dwelling D, on Parcel P, funded entirely with conjugal funds, and the title to Dwelling D is in both Ella’s and Harold’s names. Without Ella’s consent, Ella sells Parcel P to Buyer B. After the sale, Harold contends that Parcel P should be conjugal property and challenges the disposition. (a) Under the Family Code, is Parcel P best classified as Ella’s exclusive property or as conjugal property? (b) Is Ella’s sale of Parcel P valid against Harold? (c) What remedies or defenses does Harold have, if any, against Buyer B or Ella’s estate?

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Clara

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