Constitution of Family Homed

8/12/2019 Constitution of Family Homed

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CONSTITUTION OF

FAMILY HOMERULE 106 SUPERCEDED BY THE FAMILY CODE


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FAMILYIs the foundation of the nation

It is the basic social institution which

public policy cherishes and protects.


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FAMILY HOME

- IT IS CONSTITUTED JOINTLY BY THE

HUSBAND AND WIFE OR BY AN UNMARRIED

HEAD OF A FAMILY, IS THE DWELLING HOUSE

WHERE THEY AND THEIR FAMILY RESIDE AND

THE LAND ON WHICH IT IS SITUATED. ( ART.

152, FC)


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WHEN IS THE FAMILY HOME DEEMED

CONSTITUTED?

THE FAMILY HOME IS CONSTITUTED

ON A HOUSE AND LOT FROM THE

TIME IT IS OCCUPIED AS A FAMILY

RESIDENCE. IT CONTINUES AS SUCH SO LONG

AS ANY OF ITS BENEFICIARIES

ACTUALLY RESIDES THEREIN.


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EXEMPT FROM: EXECUTION

FORCED SALE

ATTACHMENT

EXCEPT: OTHERWISE PROVIDED

TO THE EXTENT OF THE VALUE ALLOWED BYLAW. ( ART. 153)


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VALUE OF THE FAMILY HOME

Art. 157.The actual value of thefamily home shall not exceed, atthe time of its constitution, theamount of three hundredthousand pesos in urban areas,and two hundred thousandpesos in rural areas, or suchamounts as may hereafter befixed by law.

In any event, if the value of thecurrency changes after theadoption of this Code, the.


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value most favorable for theconstitution of a family homeshall be the basis of evaluation.

For purposes of this Article,

urban areas are deemed toinclude chartered cities andmunicipalities whose annualincome at least equals thatlegally required for charteredcities. All others are deemed tobe rural areas


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CAN THE FAMILY HOME BE SOLD OR

ALIENATED?

Art. 158.The family home maybe sold, alienated, donated,assigned or encumbered by theowner or owners thereof with

the written consent of theperson constituting the same,the latters spouse, and amajority of the beneficiaries of

legal age. In case of conflict, the court

shall decide.


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WHAT IF THE UNMARRIED HEAD OF FAMILY

OR ONE OR BOTH SPOUSES DIE?

Art. 159. The family homeshall continue despite thedeath of one or both spouses

or of the unmarried head ofthe family for a period of tenyears or for as long as there isa minor beneficiary, and theheirs cannot partition thesame


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unless the court findscompelling reasons therefor.This rule shall apply

regardless of whoever ownsthe property or constitutedthe family home.


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Constitution of Family Homed

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