Chapter 2: - Page 2 of 2

The Family Home

(The Family Code of the Philippines)

Article 159

The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary, and the heirs cannot partition the same unless the court finds compelling reasons therefor.  This rule shall apply regardless of whoever owns the property or constituted the family home.  (238a)

Article 160

When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment in his favor, and he has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in Article 157, he may apply to the court which rendered the judgment for an order directing the sale of the property under execution.  The court shall so order if it finds that the actual value of the family home exceeds the maximum amount allowed by law as of the time of its constitution.  If the increased actual value exceeds the maximum allowed in Article 157 and results from subsequent voluntary improvements introduced by the person or persons constituting the family home, by the owner or owners of the property, or by any of the beneficiaries, the same rule and procedure shall apply.

At the execution sale, no bid below the value allowed for a family home shall be considered.  The proceeds shall be applied first to the amount mentioned in Article 157, and then to the liabilities under the judgment and the costs.  The excess, if any, shall be delivered to the judgment debtor.  (247a, 248a)

Article 161

For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may constitute, or be the beneficiary of, only one family home.  (n)

Article 162

The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable.  (n)

Learn this Filipino word:

kumákain ng bala